Judge: Cherol J. Nellon, Case: 21STCV39432, Date: 2023-05-23 Tentative Ruling

Case Number: 21STCV39432    Hearing Date: May 23, 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 April 12, 2023, Petitioner submitted Petitions for Approval of Minor’s Compromise to be heard on May 23, 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

Both applications are either incorrect or incomplete. Petitioner did not fill out Section 12(a)(2) in either petition, implying that no medical expenses have been paid, to date. This contradicts with Section 12(b)(4), which notes that Medi-Cal has made a payment for both Claimants. Petitioner also failed to provide information as to how much Medi-Cal paid. Petitioner also did not fill out Section 12(b)(5)(b) and has provided no information as to the medical service providers.

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.