Judge: Anne Hwang, Case: 22STCV05768, Date: 2024-02-26 Tentative Ruling

Case Number: 22STCV05768    Hearing Date: April 15, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

The Court has reviewed the petition filed April 8, 2024 to Approve Compromise of Pending Action of a Minor, Jayleen Sanchez, age 12. The Court denies the petition without prejudice for the following reasons.

Claimant was involved in a rear-end motor vehicle accident, experienced neck and back pain, and received chiropractic treatment. The medical records in attachment 8 show that Claimant’s last examination occurred on March 15, 2021. However, the report from that date shows that Claimant was not completely recovered. The tests performed indicated a left and right muscular strain, although Claimant rated her pain in her neck and back as 1 out of 10. The report anticipated a complete recovery. Therefore, Petitioner must provide a more recent medical record or report or other evidence confirming that Claimant is fully recovered from her injuries.

In this revised petition, Petitioner now includes values in 12b(2), indicating reimbursement to a private health insurance plan. However, item 12b(5) indicates that reimbursement for all medical expenses will be to a single provider, Elite Sports Medicine. If this is correct, then Petitioner must not provide values in item 12b(2).

In the proposed order MC-351, $701.18 should be in item 8a(2) instead.

Accordingly, the Court denies the petition without prejudice.

Petitioner shall give notice and file a proof of service of such.