Judge: Anne Hwang, Case: 22STCV28368, Date: 2024-10-30 Tentative Ruling

Case Number: 22STCV28368    Hearing Date: October 30, 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 on October 7, 2024 by Petitioner Joanna Navarro (Petitioner) on behalf of Claimant Jennifer Llerenas, age 4. The Court denies the petition without prejudice for the following reasons:

Petitioner must write the correct address for the Spring Street Courthouse in the petition and proposed orders to provide sufficient notice.

In item 1, Petitioner should also mark “guardian ad litem.” Item 2d should be marked.

Petitioner asserts that Claimant struck her head against the ground after her mother who was carrying her, fell on a sidewalk. Petitioner asserts Claimant is recovered. However, given the nature of the injury, and the fact the medical records provided are only from the date of the incident, the Court requires a parent declaration or other evidence attesting to Claimant’s current condition.

Petitioner must complete item 10c describing the terms of the settlement.

Item 11b(5) must state the plaintiff/claimant receiving the settlement.

It is unclear if Petitioner is seeking to have medical expenses reimbursed from the settlement proceeds. Item 12a(4) states that $0 are to be reimbursed, while 12b4 shows a $280.87 Medi-Cal lien. However, the attached Medi-Cal letter reflects a $652.57 lien. If the lien will be paid by the settlement, then the correct amount must be written in 12a4. Furthermore, Petitioner must review and explain the values in item 12a, in attachment 12. As written in 12a, it is unclear how only $280.87 in liens exist, given the total medical expenses, reductions, and payments.

Petitioner requests $1,250 in attorney fees which represents 25% of the gross settlement. The Court finds this amount to be reasonable.

Petitioner must complete item 15. Item 16b should reflect the Medi-Cal lien, while 16d should reflect $32.60.

Attachment 17e must be included.

Attachment 18b(2) must be included.

Item 21 should not be completed since Claimant is not an adult with a disability.

In the proposed order (MC-351), items 1, 5, 6b, should be completed. Item 8a2 should only reflect the value in 13b of the petition. Medical expenses should only be in item 8a(3).

Accordingly, the Court denies the petition without prejudice.

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