Judge: Daniel M. Crowley, Case: 19STCV45593, Date: 2022-08-16 Tentative Ruling

Case Number: 19STCV45593    Hearing Date: August 16, 2022    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Eddie Maestas filed by Petitioner Martha Priscila Benavides Nolasco

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

BACKGROUND

On December 17, 2019, Plaintiff John Doe, by and through his guardian ad litem Martha Priscila Benavides Nolasco, filed this action against Defendant City of Los Angeles (“City”) and Baker Boys Distribution, Inc. (“BBD”) for negligence and premises liability.

On March 13, 2020, Plaintiff filed the FAC, changing both causes of action to negligence.

On May 15, 2020 The City filed an answer and a Cross-Complaint against Cross-Defendant BBD for indemnification, apportionment of fault and declaratory relief. On August 20, 2020, BBD filed an answer. The City later dismissed the Cross-Complaint, with prejudice.

On September 28, 2020, BBD filed an answer.

On July 8, 2022, Petitioner Martha Priscila Benavides Nolasco (“Petitioner”) filed a Petition to Approve Minor’s Compromise to be heard on August 16, 2022.

PARTY’S REQUESTS

Petitioner Martha Priscila Benavides Nolasco asks the Court to approve the compromise of the pending action on behalf of Plaintiff Eddie Maestas.

DISCUSSION

Petitioner stated there was $7,880.07 in medical expenses, but that $0.00 is to be paid from the proceeds. $1,863.08 was paid by a plan, with a reduction resulting in total reimbursement to the plan totaling $1,076.66. There is no explanation for the unaccounted for $6,000.00 in medical expenses and why no amount of the proceeds will be used to reimburse medical expenses. Later, in section 17(b), Petitioner notes that medical expenses to be reimbursed total $1,076.66. The petition directly contradicts itself.

Based on the above, the Court rejects the application.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Eddie Maestas filed by Petitioner Martha Priscila Benavides Nolasco 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.