Judge: Cherol J. Nellon, Case: 20STCV38333, Date: 2023-04-05 Tentative Ruling
Case Number: 20STCV38333 Hearing Date: April 5, 2023 Dept: 28
Petition to Approve Compromise of
Pending Action on Behalf of Minor Ashley Mondaca filed by Petitioner Maria
Caballero
Having considered the petitioning papers,
the Court rules as follows.
BACKGROUND
On October 6, 2020, Plaintiffs
Patrick Mondaca (“Patrick”) and Ashley Mondaca (“Ashley”) filed this action
against Defendants Savannah Rae Fernandez-Camou (“Fernandez-Camou”) and Gloria
Montoya (“Montoya”) for motor vehicle negligence and general negligence. On
December 30, 2021, Defendants field an answer.
On March 15, 2023, Petitioner Maria
Caballero (“Petitioner”) submitted a Petition for Approval of Minor’s
Compromise to be heard on April 5, 2023.
PARTY’S REQUESTS
Petitioner Maria Caballero asks the
Court to approve the compromise of the pending action on behalf of Plaintiff Ashley
Mondaca.
DISCUSSION
Petitioner’s
application is incomplete. Petitioner did not fill out Section 11(b)(5),
despite indicating that Defendants have offered payment to other Plaintiffs. Petitioner
indicated that Medi-Cal made a payment towards medical expenses, but did not
indicate what, if any, reimbursement is requested by Medi-Cal. Petitioner did
not check any box in Section 18 indicating how Petitioner would like the net
balance distributed.
CONCLUSION
Petition
to Approve Compromise of Pending Action on Behalf of Minor Ashley Mondaca filed
by Petitioner Maria Caballero 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.