Judge: Daniel M. Crowley, Case: 22STCV26063, Date: 2022-12-20 Tentative Ruling

Case Number: 22STCV26063    Hearing Date: December 20, 2022    Dept: 28

Petitions to Approve Compromise of Pending Action on Behalf of Minors Mia Estrella and Ivan Flores filed by Petitioner Maritza Velasquez

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

BACKGROUND

On August 12, 2022, Plaintiffs Mia Estrella (“Estrella”) and Ivan Flores (“Ivan”) filed this action against Defendants Cesar Rene Flores Flores (“Cesar”), Vanessa Reyes Zulema (“Zulema”) and Ioanna Haarlammert (“Haarlammert”) for negligence.

On November 22, 2022, Petitioner Maritza Velasquez (“Petitioner”) filed Petitions for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor Plaintiff to be heard on December 20, 2022.

PARTY’S REQUESTS

Petitioner Maritza Velasquez asks the Court to approve the compromise of the pending action on behalf of Plaintiffs Mia Estrella and Ivan Flores.

DISCUSSION

Petitioner’s application for Estrella is incorrectly filled out. In Section 12(a), Petitioner identifies that medical expenses before reductions total $77,992.22; however, Petitioner only notes $7.800.34 was paid and that reductions total $1,950.08. Petitioner finally states that $5,850.26 is to paid or reimbursed. This leaves approximately $65,000.00 in unaccounted for medical expenses.

Petitioner’s application for Ivan has similar issues. The total medical expenses of $10,442.00 do not match with the expenses paid (~$125.00), reductions ($31.29) and amount ot be paid from the proceeds ($93.87).

Based on the above, the Court denies the petitions.

CONCLUSION

Petitions to Approve Compromise of Pending Action on Behalf of Minors Mia Estrella and Ivan Flores filed by Petitioner Maritza Velasquez are 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.