Judge: David B. Gelfound, Case: 22STCV23442, Date: 2025-01-21 Tentative Ruling
Case Number: 22STCV23442 Hearing Date: January 21, 2025 Dept: F49
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Dept.
F49 |
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Date:
1/21/25 |
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Case
Name: Krystal Shin, by and through guardian ad litem You Sun Jang v. City
of Los Angeles, and Does 1 through 20 |
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Case No.
22STCV23442 |
LOS
ANGELES SUPERIOR COURT
NORTH
VALLEY DISTRICT
DEPARTMENT
F49
JANUARY 21,
2025
PETITION FOR APPROVAL OF
COMPROMISE OF CLAIM FOR MINOR
Los Angeles Superior Court Case No. 22STCV23442
Petition filed: 12/20/24
MOVING PARTY: Plaintiff and Petitioner You Sun Jang
RESPONDING PARTY: None.
NOTICE: OK.
RELIEF REQUESTED: Petitioner You Sun Jang seeks the Court’s approval of the
settlement that their minor daughter, Plaintiff and claimant, Krystal Shin,
reached with Defendants City of Los Angeles, PlayCore Wisconsin, Inc., and
Evergreen Environment, Inc.
TENTATIVE RULING: The petition is CONTINUED.
BACKGROUND
This action arises from a
personal injury sustained by the minor Plaintiff Krystal Shin (“Plaintiff” or
“Shin”) that occurred on February 20, 2022, allegedly caused by the playground
equipment located at a Los Angeles City Community Park, 11075 Foothill
Boulevard in Lake View Terrace, California, 91432 (the “Park”).
On July 20, 2022, Plaintiff,
by and through her guardian ad litem, You Sun Jang, initiated the present
action against Defendants City of Los Angeles (“City”) and Does 1 through 20.
The Complaint alleges the following causes of action: (1) dangerous condition
of public property, (2) negligence, and (3) strict liability. Subsequently, on September 16, 2022, Defendant City filed
its Answer to the Complaint.
On the same day,
September 16, 2022, Defendant City filed its Cross-Complaint against
Roes 1 to 20, alleging (1) apportionment of fault, (2) declaratory relief, and
(3) indemnification.
On February
8, 2023, Plaintiff filed her Amendment to Complaint, substituting Defendant
PlayCore Wisconsin, Inc. (“PlayCore”) for Doe 1. Subsequently, on March 13,
2023, Defendant PlayCore filed its Answer to the Complaint.
On November 28, 2023, Plaintiff
filed another Amendment to Complaint, substituting Defendant Evergreen
Environment Inc. (“Evergreen”) for Doe 2. Subsequently, on February 28, 2024,
Defendant Evergreen filed its Answer to the Complaint.
On December 20, 2024, Plaintiff filed the instant Petition
for Approval of Compromise of Claim for Minor (the “Petition”).
No Opposition papers have been
received by the Court.
ANALYSIS
A.
Petition to
Approval of Minor’s Compromise
|
Rule/Requirement/Component |
Application |
Comments |
|
Claimant (minor) |
Krystal Shin |
DOB:1/9/19, age: 6 |
|
Guardian ad litem |
You Sun Jang |
Parent |
|
Settlement (Total) |
$405,000.00 (MC-350 ¶ 10a) |
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|
Injuries |
“Plaintiff
sustained a crushing injury to the left middle finger involving a displaced
fracture of the distal phalanx with laceration and damage to the nail bed.”
(MC-350 ¶ 6) |
|
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Medical treatment received? |
(1)
USC Verdugo Hills
Urgent Care, (2)
Surgical repair of
the laceration and nail bed injury, and reduction of the displaced distal
phalanx fracture at the Children’s Hospital of Los Angeles. (MC-350 ¶ 7, Attach. 7.) |
|
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Completely healed of injuries? |
Yes (MC-350 ¶ 8a) |
|
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Medical Expenses Incurred (Total) |
$69,733.88 (MC-350 ¶ 12a(1)) |
Numbers are not balanced. |
|
Medical Bills (Documentation) |
No. (MC-350,
Attach. 7 is not included.) |
|
|
Outstanding medical payments owed from proceeds |
$2,216.49 (MC-350 ¶ 12a(4)) |
|
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Provider Liens (Documentation) |
$2,216.49
(MC-350 Attach. 12b(4)(c)) |
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Negotiated Lien Reductions? |
$ 2,913.41 (MC-350 ¶ 12a(3)) |
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Documentation of lien reductions |
Information is provided in MC-350 ¶
12b(4)(c) |
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Attorney Fees |
$162,000.00 (40% of $405,000.00) (MC-350 ¶ 13a) |
The Court finds the amount for attorney’s fees is reasonable. |
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Declaration of fees and copy of retainer (Cal. Rules
Court, rule 7.955(b).) |
Yes. (MC-350 Attach. 13(a), 17(a)) |
40% of claimant’s recovery. Copy of Retainer is included. (MC-350 Attach. 17(a)) |
|
Litigation Costs |
$12,406.36 (MC-350 ¶ 16e) Including $ $4,998.75 medical expert fees, and $3,562.50
mediation fees, etc. |
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Are the costs itemized and reasonable? |
Yes. (MC-350 ¶ 13b) |
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Total to be paid to minor |
$228,377.13 (MC-350 ¶ 15) |
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Blocked account? |
No. (MC-350 ¶ 18b MC-351 ¶ 8b(2)) “$228,377.15 will be invested in a single premium
deferred payment annuity.” |
Upon age of
maturity Krystal Shin may withdraw the entire accumulated value available
from the annuity. (MC-350, “Minor’s Compromise Addendum”) |
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Proposed order to approve compromise is congruent with
Petition? |
No. |
Under paragraph 8.a.(5) of the Proposed
Order form MC-351 “Total allowance for fees and expenses from the settlement,”
it contains an error. |
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Proposed order to deposit funds is congruent with
Petition? |
n/a |
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Disposition |
REVIEW/CONTINUE |
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Upon reviewing the Petition, the Court has identified the
following deficiencies:
(1)
Balancing of
Amounts in Paragraph 12a:
The “total medical expenses before any
reductions” is reported as $69,733.88 (MC-350 ¶ 12(a)(1)).
The “total medical expenses paid (include
payments by private insurance, Medi-Cal, or Medicare)” is $5,130.00 (id.
¶ 12(a)(2).)
The $5,130.00 in paid medical expenses was covered
by Medi-Cal, which has agreed to accept reimbursement in the amount of
$2,216.49 in full satisfaction of its lien rights, resulting in a reduction of
$2,913.51. (MC-350, 12b(4).)
However, after deducting the $2,216.49 for
Medi-Cal reimbursement from the proceeds, there remains an unexplained unpaid balance
of $64,603.88 ($69,733.88-$2,913.51 -$2,216.49 = $64,603.88).
This description is not addressed in the
Petition and requires clarification.
(2)
Incorrect Amount
on the Proposed Order (MC-351)
Under paragraph 8a of the MC-351 form, Petitioner
appears to have entered an incorrect amount for “Total
allowance for fees and expenses from the settlement.” (MC-351 ¶ 8a(5).)
Accordingly, the
Court requires supplemental information and amended petition papers to address
these deficiencies. A ruling will be issued after Petitioner has had an
opportunity to correct the issues identified above.
CONCLUSION
Petitioner
You Sun Jang’s Petition for Approval of Compromise of Claim for Minor Krystal Shin is CONTINUED
to allow for the submission of additional information or corrections.
Moving
party to give notice.