Judge: Daniel M. Crowley, Case: 21STCV10648, Date: 2022-08-30 Tentative Ruling

Case Number: 21STCV10648    Hearing Date: August 30, 2022    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Trey Morgan Shelton filed by Petitioner Tess Shelton

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

BACKGROUND

On March 18, 2021, Plaintiff Trey Morgan Shelton (“Plaintiff” or “Claimant”) filed this action against Defendant Alan Lewis, D.D.S. (“Defendant”) for dental malpractice.

On May 24, 2021, Defendant filed an answer.

On July 27, 2022, Petitioner Tess Shelton (“Petitioner”) filed a Petition to Approve Compromise of Pending Action on Behalf of Minor Trey Morgan Shelton, to be heard on August 30, 2022.

PARTY’S REQUESTS

Petitioner Tess Shelton asks the Court to approve the compromise of the pending action on behalf of Plaintiff Trey Morgan Shelton.

DISCUSSION

Petitioner's application is incomplete and does not appear to be consistent with itself. For section 13, Petitioner noted that “not reimbursement is requested by the plan,” does not indicate that a healthcare plan paid for the medical fees, what type of plan Petitioner is referencing, or the amount paid by the plan. In Section 14, Petitioner requests attorney fees, but later, in section 17, notes that $0.00 in attorney’s fees are to be paid from the net balance.

Based on the above, the Court denies the petition.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Trey Morgan Shelton 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.