Judge: Cherol J. Nellon, Case: 19STCV22033, Date: 2023-05-22 Tentative Ruling
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Case Number: 19STCV22033 Hearing Date: May 22, 2023 Dept: 28
Petition to Approve Compromise of Pending Action on Behalf of Person with a Disability Jesus A. Castillo filed by Petitioner Jose Castillo
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On June 24, 2019, Plaintiff Jesus A. Castillo (“Plaintiff”) filed this action against Defendants College Hospital Cerritos (“CHC”), College Hospital Group, Inc. (“CHG”), College Hospital, Inc. (“CH”), George Karamigios, M.D. (“Karamigios”), Kiyo Teshima, RN (“Teshima”), John Doe 1, John Doe 2, John Doe 3, John Doe 4 and John Doe 5 for negligence, battery, sexual battery and international infliction of emotional distress.
On July 9, 2019, CHC filed an answer.
On June 30, 2021, Plaintiff filed the FAC, adding a cause of action for elder abuse & neglect. Plaintiff later amended the complaint to include Defendant Kenneth Alan Converse (“Converse”).
On July 1, 2021, CHC filed an answer.
On April 7, 2023, Petitioner Jose Castillo (“Petitioner”) filed a Petition to Approve Compromise of Pending Action on Behalf of Person with a Disability Jesus A. Castillo, to be heard on May 22, 2023.
PARTY’S REQUESTS
Petitioner Jose Castillo asks the Court to approve the compromise of the pending action on behalf of Plaintiff Jesus A. Castillo.
DISCUSSION
Petitioner’s application is incomplete or incorrect. Section 13(a) is left blank, indicating there is no request for attorney’s fees. This conflicts with Section 16(c), which lists a request for $67,780.00 in attorney’s fees. Additionally, the petition states that Plaintiff is receiving psychiatric and psychological treatment for the injuries sustained in this action. However, there is no mention of medical expenses. The Court is unaware if there are truly no medical expenses, or if Petitioner failed to supply information about medical expenses.
Probate attempted to review Petitioner’s SNT instrument but did not find a copy of said instrument attached to the petition. Petitioner failed to attach an order to the petition, as well. Finally, there is no attached proof of service showing that Petitioner provided the required service to the three state agencies. When seeking approval of a SNT, notice of the hearing and service of the petition must be made upon three state agencies including the Dept. of Mental Health, Dept. of Developmental Services, and Dept. of Health Care Services. (Probate Code sections 3602(f), 3611(c).). Service must be 15 days by mail, not extended for the mailing.
Based on the above, the Court denies the petition.
CONCLUSION
Petition to Approve Compromise of Pending Action on Behalf of Person with a Disability Jesus A. Castillo filed by Petitioner Jose Castillo is DENIED.
Petitioner is ordered to give notice of this ruling.
Petitioner is ordered to file the proof of service of this ruling with the Court within five days.
The parties are directed to the header of this tentative ruling for further instructions.