Judge: Daniel M. Crowley, Case: 21STCV24408, Date: 2023-03-07 Tentative Ruling

Case Number: 21STCV24408    Hearing Date: March 7, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Leah Rayas, 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 February 16, 2023, 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 March 7, 2023.

PARTY’S REQUESTS

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

DISCUSSION

Section 12(a) is incorrectly filled out. In Section 12(a)(3), Petitioner states that total medical expenses before reductions equal $9,663.36. Medical expenses paid equal $525.46 and reductions total $131.36, with $394.10 to be reimbursed. There is approximately $9,000.00 in unaccounted for medical expenses. Petitioner later seems to indicate that the charging party agreed to reduce the amount but did not indicate as such in Section 12(a). The Court denies the motion.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Leah Rayas, 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.