Judge: Daniel M. Crowley, Case: BC703644, Date: 2022-10-20 Tentative Ruling

Case Number: BC703644    Hearing Date: October 20, 2022    Dept: 28

Isabella Rodriguez v. Paramount Unified School District

CASE NUMBER:  BC703644                                                           

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Expedited Petition to Approve Compromise of Pending Action of a Minor, Isabella Rodriguez Age 10

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TENTATIVE:  DENIED

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FACTS:  Claimant Isabella Rodriguez, (“Claimant”) allegedly fell off the monkey bars due to a lack of supervision by Defendant’s employee. As a result of the incident, Claimant broke her right wrist.

            This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Jessica Rodriguez (“Petitioner”) uses the required Judicial Council forms and meets certain conditions.  The settlement must not exceed $50,000.  The conditions are:

¿ Petitioner is represented by an attorney.

¿ The claim is not for wrongful death.

¿ Settlement proceeds will not be placed in a trust.

¿ There are no unresolved liens to be satisfied from the proceeds of the settlement.

¿ Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier

¿ Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition

¿ If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith

¿ The settlement, exclusive of interests and costs, is $50,000 or less

¿ OR if greater than $50,000, the amount payable is the insurance policy limits AND all

proposed contributing parties would be substantially unable to use assets other than the insurance policy limits.

¿ AND the court does not otherwise order.

SETTLEMENT:  $15,000.00

INJURIES:  Broken right wrist

MEDICAL EXPENSES:  $ 4,487.00 ($0 to be reimbursed)

COSTS:  $10,000.00

ATTORNEY’S FEES:  $0, which is 0% of the gross settlement.

BALANCE OF PROCEEDS: $5,000.00

DISCUSSION:

            Petitioner notes that that medical expenses total $4,487.00; $3,728.64 was allegedly paid already, and there was a negotiated reduction of $758.36, leaving $0.00 to be reimbursed. The attached Medi-Cal demand letter only notes that $758.36 was covered by Medi-Cal—there is no indication who paid the additional $2,970.28. The Court denies the petition for insufficient information as to payment of medical expenses.  The Court also questions Dr. R. Preston Gelhart’s $7,925 bill and wants to see an explanation for that expense.