Judge: David B. Gelfound, Case: 22STCV04656, Date: 2024-10-18 Tentative Ruling

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Case Number: 22STCV04656    Hearing Date: October 18, 2024    Dept: F49

Dept. F49

Date: 10/18/24

Case Name: Keidre Wilson et al. v. Westcreek Properties, LTD, and Does 1-100

Case No. 22STCV04656

 

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

 

OCTOBER 18, 2024

 

PETITION FOR APPROVAL OF COMPROMISE OF CLAIM FOR MINOR

Los Angeles Superior Court Case No. 22STCV04656

Petition filed: 9/24/24

MOVING PARTY: Plaintiff and Petitioner Keidre Wilson (“Petitioner”)

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: Petitioner Keidre Wilson seeks the Court’s approval of the settlement that her minor daughter, Plaintiff and claimant, Rhyot Manor, reached with Defendant Westcreek Properties, LTD.

TENTATIVE RULING: The petition is CONTINUED.

BACKGROUND

This action arises from alleged personal injuries that Plaintiffs Keidre Wilson and Rhyot Manor, by and through her Guardian ad Litem, Keidre Wilson, (collectively, “Plaintiffs”) sustained due to mold exposure in their apartment.

 

            On February 7, 2022, Plaintiffs filed their Complaint against Defendant Westcreek Properties, LTD (“Defendant” or “Westcreek”), and Does 1 through 100, alleging the following causes of action: (1) Premises Liability, (2) General Negligence, and (3) Breach of Written Contract. Subsequently, Defendant filed its Answer to the Complaint on May 5, 2022.

 

            On September 24, 2024, Petitioner Keidre Wilson filed the instant Petition for Approval of Minor’s Compromise.

 

            No opposing or replying papers have been received by the Court.

 

ANALYSIS

 

A.    Petition to Approval of Minor’s Compromise

 

Rule/Requirement/Component 

Application 

Comments 

Claimant (minor)

Rhyot Manor

DOB:5/25/16, age: 8

Guardian ad litem 

Keidre Wilson

Parent 

Settlement (Total) 

$3,000.00 (MC-350 ¶ 10a)  

 

Injuries 

Allergic reaction, nose bleeds, and sore throat. (MC-350 ¶ 6)

 

Medical treatment received? 

Treatment by minor’s primary physician for three times, and treated with an allergist and an ENT (MC-350 ¶ 7) 

 

Completely healed of injuries? 

Yes (MC-350 ¶ 8a) 

 

Medical Expenses Incurred (Total) 

$2,215.04 (MC-350 ¶ 12a(1)) 

$1,821.68 from the proceed will be paid to two medical liens. ($918.28 to Medi-Cal, and $903.40 to Kamyar Amini.) (MC-350 ¶¶ 12b(5) & 16.)

Medical Bills (Documentation) 

None.

 

Outstanding medical payments owed from proceeds 

$0.00 (MC-350 ¶ 12a(4)) 

Provider Liens (Documentation) 

$ 918.28 reimbursement to Medi-Cal

Medi-Cal demand letter not included

Negotiated Lien Reductions? 

$ 578.41 (MC-350 ¶ 12a(3)) 

Documentation of lien reductions 

n/a 

 

Attorney Fees 

$750.00 (25%) (MC-350 ¶ 13a) 

The Court finds the amount for attorney’s fees is reasonable.

Declaration of fees and copy of retainer (Cal. Rules Court, rule 7.955(b).) 

Yes. (Elliott Decl. ¶ )

Copy of retainer not included (MC-350 Att. 17(a))

 25% of claimant’s recovery

Litigation Costs 

$149.72 (MC-350 ¶ 13b) 

The Court finds the amount for litigation costs is reasonable.

Are the costs itemized and reasonable? 

Yes (MC-350 ¶ 13b)

Total to be paid to minor 

$278.60 (MC-350 ¶ 15) 

 

Blocked account? 

Yes (MC-351 ¶ 9a & c(2)) 

Citibank will pay a lump sum when the minor claimant reaches 18. 

Proposed order to approve compromise is congruent with Petition? 

Yes 

 

Proposed order to deposit funds is congruent with Petition? 

Yes 

 

Disposition 

CONTINUE 

 

 

Upon reviewing the Petition, the Court notes the following deficiencies:

 

1.      On form MC-350, the petition does not include a copy of the final Medi-Cal demand letter or letter agreement as Attachment 12b(4)(c).

 

2.      The petition does not include a copy of the retainer agreement.

 

3.      On form MC-351, paragraph 8, there are duplicated payments listed for Medi-Cal lien satisfaction. The amount of $918.28 is listed under both “expenses payable to provider” and “disbursements payable directly to third parties.”

 

Given these deficiencies, Petitioner’s Petition is CONTINUED to address or clarify the above issues.

 

CONCLUSION

 

Petitioner’s Petition for Approval of Compromise of Claim for Minor Rhyot Manor is CONTINUED.