Judge: Daniel M. Crowley, Case: 19STCV25339, Date: 2023-03-03 Tentative Ruling

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Case Number: 19STCV25339    Hearing Date: March 3, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Noah Shahin filed by Petitioner Zaineh Mahmoud Karsu

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

BACKGROUND

On July 19, 2019, Plaintiff Noah Shahin (“Plaintiff”) filed this action against Defendants KinderCare Education (“KC”) and KinderCare Education LLC (“KC LLC” or “Defendant”) for general negligence and premises liability. Plaintiff later amended the complaint to include Defendant KinderCare Education at Work LLC (“KC Work”).

On February 1, 2021, Defendant filed an answer on behalf of all Defendants. On April 14, 2021, the Court dismissed KC and KC Work, without prejudice, pursuant to Plaintiff’s request.

On February 16, 2023, Petitioner Zaineh Mahmoud Karsu (“Petitioner”) submitted a Petition for Approval of Minor’s Compromise to be heard on March 3, 2023.

PARTY’S REQUESTS

Petitioner Zaineh Mahmoud Karsu asks the Court to approve the compromise of the pending action on behalf of Plaintiff Noah Shahin.

DISCUSSION

Petitioner’s application is incorrectly completed. In Section 12(a), Petitioner did not indicate there were any medical expenses before any reductions, nor that there are any to be paid or reimbursed from the proceeds. However, in Section 12(b)(4), Petitioner wrote that Medi-Cal paid $296.38 in medical expenses and requests a reimbursement of $222.29. In Section 12(b)(5), Petitioner provides additional medical charges and payments amounting to approximately $4,000.00.

This matter was not heavily litigated.  There appears to have been a few records gathered and a mediation.  The Court will not award attorney’s fees exceeding 25%. 

Based on the above, the Court denies the motion.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Noah Shahin filed by Petitioner Zaineh Mahmoud Karsu is DENIED.

            Petitioner is ordered to give notice of this ruling.