Judge: Daniel M. Crowley, Case: 21STCV24408, Date: 2022-12-13 Tentative Ruling

Case Number: 21STCV24408    Hearing Date: December 13, 2022    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Emonie Renae Island, filed by Petitioner Robert Rayas

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

BACKGROUND

On July 2, 2021, Plaintiff Leah Rayas (“Plaintiff”) filed this action against Defendant Super Center Concepts, Inc. (“Defendant”) for premises liability.

On September 13, 2021, Defendant filed an answer.

On November 14, 2022, Petitioner Robert Rayas (“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 13, 2022.

PARTY’S REQUESTS

Petitioner Anielle Traylor asks the Court to approve the compromise of the pending action on behalf of Plaintiff Leah Rayas.

DISCUSSION

Section 12 is incorrectly or incompletely filled out. Petitioner notes that medical expenses total $9.6K prior to reduction. $525.46 has been paid, reductions total $131.36. Despite this, there is only $394.10 in both liens and expenses to be paid. Later on, it is stated that the lien to be paid is specifically in response to the $525.46 payment made by Medi-Cal. Meaning, there is approximately $9k in unaccounted expenses.

Additionally, Section 17(d), (e) and (f) are all incomplete. The Court denies the application.

CONCLUSION

The Petition to Approve Compromise of Pending Action on Behalf of Minor Emonie Renae Island, filed by Petitioner Robert Rayas 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.