Judge: Anne Hwang, Case: 22STCV33820, Date: 2024-05-31 Tentative Ruling

Case Number: 22STCV33820    Hearing Date: May 31, 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 Expedited Petition to Approve Compromise of Pending Action of a Minor, filed on May 8, 2024 by Petitioner Viridiana Hernandez (Petitioner) on behalf of Claimant Camila Baltazar, age 11. The Court conditionally grants the petition.

In a previous minute order, the Court observed a $160.48 payment made by Progressive Insurance on May 22, 2023 to Department of Health Care Services. (Min. Order, 1/18/24.)

As a result, it was unclear whether the payment to Department of Health Services, indicated in the Order (MC-351), was duplicative and should not be paid from the settlement proceeds. The Court instructed Petitioner to explain this in an attachment or not request medical expenses in a revised petition. In this revised petition, Petitioner writes in exhibit 15b: “There is no request being made that the sum due to Medi-Cal is to be paid from the settlement proceeds. The final amount indicated as being due to petitioner is taking into account that the defendant has already paid the money to the Department of Healthcare Services directly. This money was already factored into the final amount to be paid to the minor. The money is identified on the form as it was required to complete the form. Nothing further needs to be done about the Medi-Cal payment or any change to the final amount to be paid to petitioner.”

All other defects identified in the previous petition have been cured.

Petitioner must file a revised proposed order (MC-351), correcting the amount in item 8a(3)(a)(ii) and including the hearing information in item 1b.

Therefore, the petition is conditionally granted pending Petitioner’s filing of the revised proposed order (MC-351).

Moving party is ordered to give notice.