Judge: Cherol J. Nellon, Case: 20STCV13616, Date: 2023-05-22 Tentative Ruling

Case Number: 20STCV13616    Hearing Date: May 22, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Emmanuel Salcedo filed by Petitioner Maria Salcedo

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

BACKGROUND

On April 7, 2020, Plaintiffs Maria Salcedo (“Maria” or “Petitioner”), Lionel Salcedo (“Lionel”), Emmanuel Salcedo (“Emmanuel”) and Noel Salcedo (“Noel”) filed this action against Defendants Michael Romero Diaz (“Diaz”) and Ingrid Julieta Jaminson (“Jaminson”) for motor vehicle.

On July 24, 2020, Defendants filed an answer.

On April 7, 2023, Petitioner filed a Petition to Approve Compromise of Pending Action on Behalf of Minor Emmanuel Salcedo, to be heard on April 18, 2023.

PARTY’S REQUESTS

Petitioner Maria Salcedo asks the Court to approve the compromise of the pending action on behalf of Plaintiff Emmanuel Salcedo.

DISCUSSION

Petitioner’s Section 12(a) and Section 12(b)(5)(b)(i) indicate that the remaining balance to be paid or reimbursed totals $803.00. However, Section 12(b)(2)(f)(ii)(c), Petitioner indicates that the health insurance plan, which paid the total $1,460.00 of original medical expenses, has not agreed to reduce the requested reimbursement. The total requested is $1,460.00. The Court is unaware of the reason for the discrepancy between this amount and the otherwise identified total to be paid back.

The Court will not award attorney’s fees over 25%.

Based on the above, the Court denies the petition.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Emmanuel Salcedo filed by Petitioner Maria Salcedo 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