Judge: Cherol J. Nellon, Case: 20STCV08041, Date: 2023-04-04 Tentative Ruling

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Case Number: 20STCV08041    Hearing Date: April 4, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Camila Casillas filed by Petitioner Kandyce Lance

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

BACKGROUND

On February 26, 2020, Plaintiffs Horacio Casillas (“Horacio”), Kourtine Alexia Rae Scott (“Scott”), Ava Blankevoort (“Blankevoort”), Camila Casillas (“Camilas”) and Krystal Greer (“Greer”) filed this action against Defendant Ink Transportation LLC (“Ink”) and Surjay Pandey (“Pandey”) for motor vehicle negligence and general negligence.

On July 13, 2020, Defendants filed an answer.

On February 24, 2023, Petitioner Kandyce Lance (“Petitioner”) submitted a Petition for Approval of Minor’s Compromise to be heard on April 4, 2023.

PARTY’S REQUESTS

Petitioner Kandyce Lance asks the Court to approve the compromise of the pending action on behalf of Plaintiff Camila Casillas (“Claimant”).

DISCUSSION

Petitioner indicated that she is both Claimant’s guardian ad litem and aunt; in reviewing the Court record, the Court finds that Petitioner’s application to be appointed as Claimant’s guardian ad litem was rejected.

Section 11 is filled out incorrectly; Petitioner wrote that the total amount offered by all defendants to others totals $1,150.00. This is contradicted by Section 11(5), which indicates that the total settlement to others is over $30,000.00.

Petitioner’s Section 12(b)(5)(b) wrongfully identifies the Department of Health Care Services as the “medical service provider that furnished care and treatment to claimant,” as opposed to the actual provider of medical treatment.

In Section 13, Petitioner indicated that attorney’s fees totaled $3,750.00, more than the gross settlement; this does not match with the amount outlined in Section 16, which lists $132.50.

Petitioner did not complete Section 14.

Based on the above, the Court denies the motion.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Camila Casillas filed by Petitioner Kandyce Lance 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.