Judge: Cherol J. Nellon, Case: 19STCV29977, Date: 2023-05-22 Tentative Ruling

Case Number: 19STCV29977    Hearing Date: May 22, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Person with a Disability Yassine Belmlih filed by Petitioner Mohammed Belmlih

Having considered the petitioning papers, the Court rules as follows.

BACKGROUND

On August 23, 2019, Plaintiff Yassine Belmlih (“Plaintiff”) filed this action against Defendant Los Angeles Unified School District (“Defendant”) for negligence.

On August 4, 2020, Plaintiff filed the FAC.

On August 20, 2020, Defendant filed an answer.

On April 11, 2023, Petitioner Mohammed Belmlih (“Petitioner”) submitted a Petition for Approval of Person with a Disability’s Compromise to be heard on May 22, 2023.

PARTY’S REQUESTS

Petitioner Mohammed Belmlih asks the Court to approve the compromise of the pending action on behalf of Plaintiff Yassine Belmlih.

DISCUSSION

Petitioner has incorrectly filled out the petition. In Section 14(a), Petitioner notes that attorney’s fees total $13,713.47--however, in Section 17(c), attorney’s fees are listed as $13,775.47. This matches the total for attorney’s fees provided in Section 14(b), which is intended to described costs other than attorney’s fees or medical expenses.

The Court is also unsure how medical expenses are being covered. Petitioner indicates that total outstanding medical expenses are approximately $6,000.00, all of which have been paid by Medi-Cal. Petitioner’s breakdown of ‘payments,’ indicates that approximately $3,048.20 of the total settlement is set to be paid to Medi-Cal. The Court is unaware if the additional $3,000.00 is being paid out of the remaining settlement, or if Medi-Cal offered a reduction on the request reimbursement.

Based on the above, the Court denies the petition.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Person with a Disability Yassine Belmlih filed by Petitioner Mohammed Belmlih is DENIED.

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.