Judge: Daniel M. Crowley, Case: 22STCV14042, Date: 2023-03-07 Tentative Ruling
Case Number: 22STCV14042 Hearing Date: March 7, 2023 Dept: 28
Petition
to Approve Compromise of Pending Action on Behalf of Minor Claudia Yang
Having considered the petitioning
and moving papers, the Court rules as follows.
BACKGROUND
On April 27, 2022, Plaintiffs
Claudia Yang (“Caludia”) and Armine Yang (“Armine”) filed this action against
Defendants Target Corporation (“Target”), Briggs Medical Service Company
(“Briggs”) for products liability – design defect, products liability –
negligence and products liability – breach of warranty.
On July 21, 2022, Briggs filed an
answer and a Cross-Complaint against Cross-Defendants Target, Shenzhen
Dongdixin Technology Company LTD (“SDTC”) and Nu-Tek Health (Hong Kong)
(“Nu-Tek”) for implied indemnity, comparative contribution, equitable
indemnity, negligence and declaratory relief. Briggs later amended the
Cross-Complaint to include Cross-Defendant Armine. On August 25, 2022, Target
was dismissed, with prejudice, pursuant to Briggs’ request. On August 25, 2022,
Armine filed an answer.
On August 22, 2022, Target filed an
answer. On August 24, 2022, Target filed a Cross-Complaint against Cross-Defendant
SDTC, Nu-Tek and Armine for implied indemnity, comparative contributions,
equitable indemnity, negligence and declaratory relief. On August 29, 2022,
Armine filed an answer.
On
February 14, 2023, Plaintiffs submitted a Petition for Approval of Minor’s
Compromise to be heard on February 9, 2023.
PARTY’S REQUESTS
Petitioner Armine Yang asks the
Court to approve the compromise of the pending action on behalf of Plaintiff Claudia
Yang.
DISCUSSION
Petitioner’s
application is incorrectly filled out. For Section 13(a), Petitioner notes
there are no outstanding medical payments to be paid or reimbursements to be
paid from the proceeds. However, in Section 13(b)(4)(c), Petitioner noted that
Medi-Cal has agreed to accept reimbursement of approximately $4,000.00. This
amount is repeated against in Section 17(b).
Additionally,
Petitioner’s provided numbers do not match the totals provided. The gross
settlement is $20,000.00. Petitioner states that total fees and expenses equal
$10,173.10, but stated that Claimant will only receive $8,173.10 as a net
settlement. Approximately $1,700.00 is unaccounted for. This also contradicts
the Section 16 net balance, which stated $13,918.00.
Based
on the above, the Court denies the petition.
CONCLUSION
Petition
to Approve Compromise of Pending Action on Behalf of Minor Claudia Yang filed
by Petitioner Armine Yang 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.