Judge: Daniel M. Crowley, Case: 21STCV10874, Date: 2023-01-24 Tentative Ruling

Case Number: 21STCV10874    Hearing Date: January 24, 2023    Dept: 28

FACTS:  Claimant Heidi Kralik (“Claimant”) had an allergic reaction to a sunflower butter sandwich after served one by Defendant, despite Defendant being aware of Claimant’s allergy.

            This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Kim Flum (“Petitioner”) uses the required Judicial Council forms and meets certain conditions.  The settlement must not exceed $50,000.  The conditions are:

¿ Petitioner is represented by an attorney.

¿ The claim is not for wrongful death.

¿ Settlement proceeds will not be placed in a trust.

¿ There are no unresolved liens to be satisfied from the proceeds of the settlement.

¿ Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier.

¿ Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition.

¿ If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith.

¿ The settlement, exclusive of interests and costs, is $50,000 or less ¿ OR if greater than $50,000, the amount payable is the insurance policy limits AND all proposed contributing parties would be substantially unable to use assets other than the insurance policy limits proposed contributing parties would be substantially unable to use assets other than the insurance policy limits ¿ AND the court does not otherwise order ¿ AND the court does not otherwise order.

SETTLEMENT:  $15,000.00

INJURIES:  Anaphylaxis, vomiting and extreme allergic reaction.

MEDICAL EXPENSES:  $0.00

COSTS:  $435.00

ATTORNEY’S FEES:  $3,750.00, which is 25% of the gross settlement.

BALANCE OF PROCEEDS: $6,815.00

DISCUSSION:

            Petitioner’s packet is filled out incorrectly. In Section 15(b)(1) and 17(b), Petitioner indicated that medical expenses total $4,000.00. In Section 13, Petitioner indicates that medical expenses total $0.00. Even if Petitioner’s counsel covered the medical expenses, Petitioner still needs to report the medical expenses accurately. Additionally, Petitioner’s request for funds distribution lists the incorrect total. The Court denies the application.