Judge: Daniel M. Crowley, Case: 21STCV11167, Date: 2023-02-27 Tentative Ruling
Case Number: 21STCV11167 Hearing Date: February 27, 2023 Dept: 28
Petition to Approve Compromise of
Pending Action on Behalf of Minor Casey Cornelio filed by Petitioner Leticia
Cornelio
Having
considered the petitioning papers, the Court rules as follows.
BACKGROUND
On
March 23, 2021, Plaintiffs Leticia Cornelio (“Leticia” or “Petitioner”),
Cameron Cornelio (“Cameron”) and Casey Cornelio (“Casey”) filed this action
against Defendant Patricia Rhoads (“Defendant”) for negligence.
On
May 7, 2021, Defendant filed an answer.
On
December 15, 2022, Petitioner filed a Petition to Approve Compromise of Pending
Action on Behalf of Minor Casey Cornelio to be heard on February 3, 2023. The
Court continued the hearing to February 27, 2023.
PARTY’S REQUESTS
Petitioner Leticia Cornelio asks the
Court to approve the compromises of the pending action on behalf of Plaintiff Casey
Cornelio.
DISCUSSION
Petitioner’s
application is incorrectly filled out. In Section 12(a), Petition indicates
there were no medical expenses prior to reductions nor are there any medical
expenses to be paid from the proceeds. In 12(b)(5)(b), Petitioner indicates
that there are charges from Dr. Yu pending. This matches the total $1,410.00 in
medical expenses listed in Section 16.
The
Court denies the motion.
CONCLUSION
Petition to Approve Compromise of
Pending Action on Behalf of Minor Casey Cornelio filed by Petitioner Leticia
Cornelio 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.