Judge: Daniel M. Crowley, Case: 20STCV20789, Date: 2022-10-14 Tentative Ruling

Case Number: 20STCV20789    Hearing Date: October 14, 2022    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Amy Vasquez filed by Petitioner Mariluz Barajas

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

BACKGROUND

On June 2, 2020, Plaintiffs Amy Reyes Barrera (“Amy”), a minor, by and through her Guardian Ad Litem, Lizbeth Barrera, Lizbeth Barrera (“Lizbeth”) and Francisco Reyes (“Reyes”) filed this action against Zaid Qasim Chaudhry, MD, (“Chaudhry”), Patrick Lincoln Maloney, MD, (“Maloney”), Sung Nyuk Im, MD (“Im”) and Emanate Health Foundations dba Emanate Health Queen of the Valley Hospital (“Emanate”) for medical malpractice, negligent infliction of emotional distress, and loss of consortium. 

On November 10, 2020, Im filed an answer to the complaint. Chaudhry and Emanate filed their answer on November 18, 2020. Maloney filed his answer on June 28, 2021. Im was dismissed, with prejudice, on September 2, 2021, pursuant to a settlement agreement. 

On September 22, 2022, Petitioner Lizbeth Barrera (“Petitioner”) filed a Petition to Approve Compromise of Pending Action on Behalf of Minor Amy Reyes Barrera, to be heard on October 14, 2022.

PARTY’S REQUESTS

Petitioner Lizbeth Barrera asks the Court to approve the compromise of the pending action on behalf of Plaintiff Amy Reyes Barrera (“Claimant”).

DISCUSSION

Petitioner has not submitted a completed petition. In Section 4, Petitioner indicated that the Claimant’s settlement totaled $10,000. This is incorrect--$10,000 is the net settlement. Section 4 is asking for the gross settlement, which Petitioner later identifies as $24,453.92.

Petitioner indicated that medical expenses totaled $0.00, before deductibles or payments. Petitioner later indicated that medical expenses were paid by Medicare in the amount of “TBD”. Even if there is no amount of the settlement to be used to pay off medical bills, any medical bills associated with the injury need to be reported to the Court.

Absent an appropriate showing, the Court will not award attorney’s fees over 25%.

Based on the above, the Court denies the application.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Amy Reyes Barrera filed by Petitioner Lizbeth Barrera 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.