Judge: Cherol J. Nellon, Case: 20STCV26242, Date: 2023-05-09 Tentative Ruling

Case Number: 20STCV26242    Hearing Date: May 9, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Aniya Correa filed by Petitioner Cathy Contreras

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

BACKGROUND

On July 13, 2020, Plaintiff Cathy Contreras (“Contreras” or “Petitioner”) and Aniya Correa (“Correa” or “Plaintiff”) filed this action against Defendants Corvallis Middle School

(“Corvallis”), Norwalk-La Miranda Unified School District (“NMUSD”) and Greenfields Outdoor Fitness, Inc. (“GOF”) for general negligence, products liability and premises liability.

On October 27, 2020, GOF filed an answer. On December 4, 2020, the Court dismissed Corvallis, with prejudice, pursuant to Plaintiff’s request.

On December 18, 2020, Plaintiffs filed the FAC. Plaintiff later amended the FAC to include Defendant Environmental Constructions, Inc. (“EC”).

On January 12, 2021, NMUSD filed an answer and a Cross-Complaint against Cross-Defendant GOF and EC for express indemnity and declaratory relief. On February 17, 2021, GOF filed an answer. On June 23, 2021, EC filed an answer.

On March 25, 2021, Plaintiffs filed the SAC.

On May 28, 2021, Plaintiffs filed the TAC. Plaintiff later amended the complaint to include Defendant T.J. Janca Construction, Inc. (“T.J.”).

On June 29, 2021, GOF filed an answer and a Cross-Complaint against Cross-Defendants NMUSD and EC for equitable indemnity, contribution and declaratory relief. GOF later amended the CC to include Cross-Defendant T.J. On August 2, 2021, EC filed an answer. On September 22, 2021, NMUSD filed an answer. T.J. was dismissed on December 9, 2022.

On July 2, 2021, NMUSD filed an answer.

On July 13, 2021, EC filed an answer and a Cross-Complaint against Cross-Defendants GOF, NMUSD and T.J. for indemnification, equitable contribution, apportionment of fault and declaratory relief. On August 6, 2021, GOF filed an answer. T.J. filed an answer on December 23, 2021. T.J. was dismissed on December 9, 2022.

On December 23, 2021, T.J. filed a Cross-Complaint against Cross-Defendants EC, GOF and NMUSD for equitable indemnity, contribution, apportionment of fault and declaratory relief. On January 11, 2022, GOF filed an answer. On January 24, 2022, EC filed an answer. On January 26, 202, NMUSD filed an answer.

On January 26, 2022, NMUSD filed a Cross-Complaint against Cross-Defendant T.J. for equitable indemnity, contribution and declaratory relief. NMUSD later amended the Cross-Complaint to include Cross-Defendants EC and GOF. On February 28, 2022, T.J. filed an answer. T.J. was dismissed on December 9, 2022.

On April 25, 2023, Petitioner submitted a Petition for Approval of Minor’s Compromise to be heard on April 21, 2023.

Trial is scheduled for June 2, 2023.

PARTY’S REQUESTS

Petitioner Cathy Contreras asks the Court to approve the compromise of the pending action on behalf of Plaintiff Aniya Correa.

DISCUSSION

Section 12 is incorrectly filled out. Petitioner indicated medical expenses totaled approximately $170,000.00, prior to reductions. Petitioner indicated that reductions total approximately $50,000.00, but only $71,000.00 in medical expenses are to be paid or reimbursed. This leaves approximately $47,000.00 unaccounted for. Although Petitioner had indicated that $47,000.00 has already been paid, the petition indicates that this already paid amount is neither to be reimbursed or subject to reductions. As such, there is an outstanding amount of $47,000.00, unaccounted for. This also conflicts with the indication that there is a total of $120,000.00 in liens.

Based on the above, the Court denies the petition.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Aniya Correa filed by Petitioner Cathy Contreras 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.