Judge: Daniel M. Crowley, Case: 20STCV29770, Date: 2023-03-15 Tentative Ruling

Case Number: 20STCV29770    Hearing Date: March 15, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Xadrian Yanez filed by Petitioner Francisco Yanez

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

BACKGROUND

On August 6, 2020, Plaintiff Xadrian Yanez (“Xadrian”) filed this action against Defendants Children’s Hospital Los Angeles (“CHLA”), USC Care Medical Group, Inc. (“USC Medical”), Vaughn Starnes, M.D. (“Starnes”), Richard Wookyum Kim, M.D. (“Kim”), Jaye Alexander Weston, M.D. (“Weston”), Laura Ann Hastings, M.D. (“Hastings”), Janet Zhu, D.O. (“Zhu”), Lillian Lai, M.D. (“Lai”) and Eugenia Ho, M.D. (“Ho”) for medical negligence and negligence hiring and supervision. Plaintiff later amended the complaint to include Defendant Paul Porter (“Porter”), Scope Anesthesia of North Carolina, PLLC (“Scope”) University of Southern California, Inc. (“USC Inc.”), and University of Southern California (“USC”).

On September 17, 2020, Hastings filed her answer. On September 22, 2020, CHLA and Weston filed their answer. On October 1, 2020, Ho, Lai, and USC Medical filed their individual answers. On October 27, 2020, Porter, Kim, and Starnes filed their individual answers.  On December 1, 2021, USC Inc. filed its answer. On February 18, 2022, USC filed its answer.

On September 29, 2021, the Court granted Lai’s Motion for Summary Judgment. On October 18, 2021, the Court dismissed Weston, with prejudice, pursuant to Plaintiffs’ request. On December 17, 2021, the Court dismissed Ho, with prejudice, pursuant to Plaintiffs’ request.

On February 14, 2023, Petitioner Francisco Yanez (“Petitioner”) filed a Petition to Approve Compromise of Pending Action on Behalf of Minor Xadrian Yanez, to be heard on March 15, 2023.

PARTY’S REQUESTS

Petitioner Francisco Yanez asks the Court to approve the compromises of the pending action on behalf of Plaintiff Xadrian Yanez.

DISCUSSION

Petitioner requests the net balance be deposited in an SNT, which must be reviewed by the probate department prior to approval. The Court continues the hearing on the motion to allow the probate department to review the SNT instrument.  The Court also will not approve the settlement with any payment amounts “pending.”

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Xadrian Yanez filed by Petitioner Francisco Yanez is CONTINUED to April 14, 2023, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.

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.