Judge: David B. Gelfound, Case: 23CHCV01790, Date: 2025-01-07 Tentative Ruling
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Case Number: 23CHCV01790 Hearing Date: January 7, 2025 Dept: F49
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Dept.
F49 |
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Date:
1/7/25 |
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Case
Name: Rachel Alvarez and Alexis Alvarez v. Kevin Jerome Schlumpberger, and
Does 1 to 10 |
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Case No.
23CHCV01790 |
LOS
ANGELES SUPERIOR COURT
NORTH
VALLEY DISTRICT
DEPARTMENT
F49
JANUARY 7,
2025
PETITION FOR APPROVAL OF
COMPROMISE OF CLAIM FOR MINOR
Los Angeles Superior Court Case No. 23CHCV01790
Petition filed: 12/3/24
MOVING PARTY: Plaintiff and Petitioner Rachel Alvarez
RESPONDING PARTY: None.
NOTICE: lack of proof of service.
RELIEF REQUESTED: Petitioner Rachel Alvarez seeks the Court’s approval of
the settlement that her minor daughter, Plaintiff and claimant, Alexis Alvarez,
reached with Defendant Kevin Jerome Schlumpberger.
TENTATIVE RULING: The petition is CONTINUED.
BACKGROUND
This action arises from personal
injuries allegedly sustained by Plaintiffs Rachel Alvarez (“Rachel”) and Alexis
Alvarez (“Alexis”) (collectively, “Plaintiffs”) from a motor vehicle accident
that occurred on December 17, 2021.
On June 20, 2023, Plaintiffs filed
a Complaint against Defendant Kevin Jerome Schlumpberger (“Schlumpberger” or
“Defendant”) and Does 1 to 10, alleging the following causes of action: (1) General
Negligence, and (2) Motor Vehicle. Subsequently, Schlumpberger filed his Answer
to the Complaint on November 16, 2023.
On December
4, 2024, Plaintiff Rachel filed the instant Petition for Approval of Minor’s
Compromise (the “Petition”).
No Opposition
or Reply papers have been received by the Court.
ANALYSIS
A.
Petition to
Approval of Minor’s Compromise
|
Rule/Requirement/Component |
Application |
Comments |
|
Claimant (minor) |
Alexis Alvarez |
DOB:6/26/08, age: 16 |
|
Guardian ad litem |
Rachel Alvarez |
Parent |
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Settlement (Total) |
$20,500.00 (MC-350 ¶ 10a) |
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Injuries |
Self-reported symptoms, including “pain in her neck, back
and shoulders and that her head hurt ...” (MC-350 ¶
6) |
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Medical treatment received? |
(1)
Facey Providence
Urgent Care, (2)
Dr. Bruce. (MC-350 ¶ 7, Attach. 7.) |
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Completely healed of injuries? |
Yes (MC-350 ¶ 8a) |
|
|
Medical Expenses Incurred (Total) |
$6,777.00 (MC-350 ¶ 12a(1)) |
Numbers
balanced: $6,777.00-$3,827.00-$2,950.00=$0.00 |
|
Medical Bills (Documentation) |
No. (MC-350,
Attach. 7 is not included.) |
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Outstanding medical payments owed from proceeds |
$2,950.00 (MC-350 ¶ 12a(4)) |
|
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Provider Liens (Documentation) |
$2,950.00
(MC-350 Attach. 12b(4)(c)) |
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Negotiated Lien Reductions? |
$ 3,827.00 (MC-350 ¶ 12a(3)) |
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Documentation of lien reductions |
Information is provided in MC-350 ¶
12b(5) |
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Attorney Fees |
$5,125.00 (25% of $20,500.00) (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. (Krell Decl. ¶¶ 2-12 ) (MC-350 Attach.
13(a)) |
25% of claimant’s recovery. Copy of Retainer is included. (MC-350 Attach. 17(a)) |
|
Litigation Costs |
$471.51 (MC-350 ¶ 16e) |
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Are the costs itemized and reasonable? |
Yes. (MC-350 ¶ 13b) |
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Total to be paid to minor |
$11,953.49 (MC-350 ¶ 15) |
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Blocked account? |
Yes. (MC-351 ¶ 9a & c(2)) |
However, the Petition does not “specify name, branch, and
address of each depository, and the amount of each account” under MC-351 ¶ 9a |
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Proposed order to approve compromise is congruent with
Petition? |
Yes |
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Proposed order to deposit funds is congruent with
Petition? |
No. |
Proposed Order form MC-351 paragraph
8.a. “Payment of fees and expenses” contains errors. |
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Disposition |
REVIEW/CONTINUE |
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Upon reviewing the Petition, the Court identifies the
following deficiencies:
(1)
Lack of Proof of
Service
The petition does not include proof of service,
demonstrating the petition papers have been served on Defendant.
(2)
Missing Information
regarding Blocked Account(s)
Under paragraph 9a of the MC-350, Petitioner shall
“specify name, branch, and address of each depository, and the
amount of each account.” However, Petitioner has not provided any information.
(3)
Incorrect Amount Entered
on the Proposed Order MC-351
Under paragraph 8a of the MC-351 form, Petitioner
appears to have entered incorrect amount for “Medical, hospital, ambulance,
nursing, and other similar expenses payable directly to providers as follows,
in the total amount of: $450.00”
Accordingly, the
Court requires supplemental information and/or 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
Rachel Alvarez’s Petition for Approval of Compromise of Claim for Minor Alexis Alvarez is CONTINUED
to allow for the submission of additional information or corrections.
Moving
party to give notice.