Judge: Cherol J. Nellon, Case: 21STCV39432, Date: 2023-04-06 Tentative Ruling

Case Number: 21STCV39432    Hearing Date: April 6, 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 26, 2021, Plaintiffs Alberto L. Medina Quezada (“Quezada” or “Petitioner”), Yexcenia Pineda Solares (“Solares”), Michael Medina (“Michael”) and Yvein Medina (“Yvein”) filed this action against Defendants Stephen Carl Rosen (“Stephen C.”), Stephen Rosen (“Stephen”) and Susan Rosen (“Susan”) for motor vehicle negligence and general negligence.

On March 3, 2023, Petitioner submitted Petitions for Approval of Minor’s Compromise to be heard on April 5, 2023.

PARTY’S REQUESTS

Petitioner Alberto L. Medina Quezada asks the Court to approve the compromise of the pending action on behalf of Plaintiffs Michael Medina and Yvein Medina.

DISCUSSION

Michael’s application is incorrectly filled out. In Section 12, Petitioner notes that medical expenses originally totaled $766.00. There was $144.00 made in payments and $36.15 in reductions; despite this, there is only $108.45 to be paid or reimbursed. There is approximately at least $450.00 in medical expenses unaccounted for.

Yvein’s application has similar issues. In Section 12, Petitioner notes that medical expenses originally totaled $30,002.08. There was $7,728.89 made in payments and $1,932.22 in reductions; despite this, there is only $5,796.67 to be paid or reimbursed. There is approximately $15,000.00 in medical expenses unaccounted for.

Based on the above, the Court denies the applications.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Michael Medina filed by Petitioner Alberto L. Medina Quezada is DENIED.

 Petition to Approve Compromise of Pending Action on Behalf of Minor Yvein Medina filed by Petitioner Alberto L. Medina Quezada 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.