Judge: Daniel M. Crowley, Case: 20STCV35893, Date: 2022-12-09 Tentative Ruling
Case Number: 20STCV35893 Hearing Date: December 9, 2022 Dept: 28
Amended
Petition to Approve Compromise of Pending Action on Behalf of Minor Aiden Reyes filed by Petitioner Rafael Orozco
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On September 21, 2020, Plaintiffs Marina Reyes (“Marina”), Marco Reyes (“Marco”), Ariel Reyes (“Ariel”) and A.R. (also known as Aiden Reyes) filed this action against Defendants Mohamed L. Gherabi (“Gherabi”), Karim Mehanna (“Mehanna”), Nadine Lira (“Nadine”) and Edith Lira (“Edith”) for negligence, negligent infliction of emotional distress, negligent entrust and violation of California Vehicle Codes.
On November 15, 2022, Petitioner Rafael Orozco (“Petitioner”) filed a Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor Plaintiff to be heard on December 9, 2022.
PARTY’S REQUESTS
Petitioner Rafael Orozco asks the Court to approve the compromise of the pending action on behalf of Plaintiff Aiden Reyes.
DISCUSSION
The Petition has issues:
12(b)(2) needs to be checked indicating whether Petitioner is a claimant against the recovery of the claimant.
In Section 13, Petitioner indicates that there is $1,395.00 in outstanding medical expenses to be paid from the proceeds, but at 15(a) indicates that the lien holder has agreed to accept only $300.00. The lien amount matches with the amount later presented in Section 17(b). 13(b)(2) should be $300.00, therefore.
Section 14 has no declaration re attorney’s fees.
In Section 15, the $550 expense listed appears to be a combination of the medical expenses and attorney’s fees to be paid from the settlement. These are not expenses already paid by the Petitioner, who now seeks reimbursement. This amount should be $0 (the $300 and $250 are covered in Section 17.
Section 16 should reflect the net payment to the Claimant - $450.
Petitioner needs to correct these items before the Court can approve the application.
CONCLUSION
Petition to Approve Compromise of Pending Action on Behalf of Minor Aiden Reyes filed by Petitioner Rafael Orozco 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.