Judge: David B. Gelfound, Case: 23CHCV02083, Date: 2025-01-06 Tentative Ruling

Case Number: 23CHCV02083    Hearing Date: January 6, 2025    Dept: F49

Dept. F49

Date: 1/6/25

Case Name: Andrew Carrillo, a minor by and through his Guardian Ad Litem, Carmen Fernandez v. Los Angeles Unified School District, and Does 1 through 20

Case No. 23CHCV02083

 

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

 

JANUARY 6, 2025

 

PETITION FOR APPROVAL OF COMPROMISE OF CLAIM FOR MINOR

Los Angeles Superior Court Case No. 23CHCV02083

Petition filed: 12/4/24

MOVING PARTY: Plaintiff and Petitioner Carmen Fernandez

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: Petitioner Carmen Fernandez seeks the Court’s approval of the settlement that her minor son, Plaintiff and claimant, Andrew Carrillo, reached with Defendant Los Angeles Unified School District.

TENTATIVE RULING: The petition is CONTINUED.

BACKGROUND

This action arises from personal injuries allegedly sustained by Plaintiff Andrew Carrillo (“Carrillo”) while attending Pacoima Middle School.

 

On July 17, 2023, Plaintiff Carrillo, a minor by and through his Guardian Ad Litem (“GAL”), Carmen Fernandez (“Fernandez” or “Petitioner”) (collectively, “Plaintiffs”) initiated this action. On October 6, 2023, Plaintiffs filed their operative First Amended Complaint (“FAC”) against Defendants Los Angeles Unified School District (“LAUSD”) and Does 1 through 200, alleging the following causes of action: (1) General Negligence, (2) Negligent Hiring, Supervision and/or Retention of an Employee (Gov. Code §§ 815.2 et seq.), (3) Negligent Supervision of Plaintiff, Minor Student (Gov. Code §§ 8125.2 et seq.). Subsequently, LAUSD filed its Answer to the FAC on November 2, 2023.

 

            On December 4, 2024, Fernandez 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)

Andrew Carrillo

DOB:3/23/11, age: 13

Guardian ad litem 

Carmen Fernandez

Parent 

Settlement (Total) 

$25,000.00 (MC-350 ¶ 10a)  

 

Injuries 

Left distal wrist fracture (MC-350 ¶ 6)

 

Medical treatment received? 

(1)   Emergency room at Dignity Community Care

(2)   Imaging at Renaissance, Imaging Medical Associates,

(3)   Cast service and emergency room at Pacific Medical Inc.,

(4)   Emergency room at Ridgeline Physicians Medical Group,

(5)   Emergency room at Northridge Trauma,

(6)   Emergency room at Dignity Community Care,

(7)   Imaging at Renaissance Imaging Medical Associates,

(8)   Emergency room at Ridgeline Emergency,

(9)   Emergency room at Orthopaedic Hospital,

(10)           Emergency room at Orthopaedic Hospital.

(MC-350 ¶ 7, Attach. 7.) 

 

Completely healed of injuries? 

Yes (MC-350 ¶ 8a) 

 

Medical Expenses Incurred (Total) 

$80,503.43 (MC-350 ¶ 12a(1)) 

The total amounts do not balance. Item 12(a) suggests a remaining balance of $ 78,835.27 ($80,503.43 -$1,668.16) unexplained.

Medical Bills (Documentation) 

Yes. (MC-350, Attach. 7.)

 

Outstanding medical payments owed from proceeds 

$1,668.16 (MC-350 ¶ 12a(4)) 

Medi-Cal lien in full. (MC-350 ¶¶ 12b(4)(c) & 16.)

Provider Liens (Documentation) 

$1,668.16 (MC-350 Attach. 12b(4)(c))

Medi-Cal demand letter is included.

Negotiated Lien Reductions? 

$ 0.0 (MC-350 ¶ 12a(3)) 

No reduction negotiated.

Documentation of lien reductions 

n/a 

 

Attorney Fees 

$6,250.00 (25% of $25,000.00) (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. (Chenciu Decl. ¶¶ 3-4, 6-9 )

 (MC-350 Attach. 13(a))

 25% of claimant’s recovery;

Copy of retainer is included. (MC-350 Attach. 17(a))

Litigation Costs 

$7,918.16 (MC-350 ¶ 16e) 

The cost is not itemized under MC-350 ¶ 13b.

Are the costs itemized and reasonable? 

Not itemized. (MC-350 ¶ 13b)

Total to be paid to minor 

$17,081.84 (MC-350 ¶ 15) 

 

Blocked account? 

No. (MC-351 ¶ 9a & c(2)) 

The Petition requests approval for the direct payment of the net proceeds to the mother, Petitioner Carmen Fernandez, of Claimant Andrew Carrillo, rather than depositing the funds into a blocked account. However, the justification provided in Attachment 18(b) is insufficient to support this request.

Proposed order to approve compromise is congruent with Petition? 

Yes 

 

Proposed order to deposit funds is congruent with Petition? 

Lack sufficient justification for direct payment. 

 

Disposition 

REVIEW/CONTINUE 

 

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

 

(1)   Balancing of Amounts in Paragraph 12a:

 

The total amounts listed under paragraph 12a of the Petition (MC-350) do not balance. Petitioner indicates that the total medical expenses amount to $80,503.43 (MC-350 ¶ 12(a)(1)), while the total medical expenses to be paid from the proceeds are $1,668.16 (id. ¶ 12a(4)). This discrepancy suggests an unpaid balance of $78,835.27 ($80,503.43-$1,668.16). The petition does not list any paid medical expenses or negotiated reductions. (Id. ¶¶ 12a(2) and (3).)

 

(2)   Itemization of Fees

 

The petition seeks reimbursement from the proceeds for total fees in the amount of $7,918.16. (MC-350 ¶ 16.e.) However, these fees are not itemized under paragraph 13b of the Petition.

 

(3)   Direct Payment of Net Proceeds

 

The petition requests approval of direct payment of the net proceeds, amounting to $17,081.84, to Petitioner Fernandez, GAL of Claimant Carrillo, rather than depositing the funds into a blocked account. However, Attachment 18b(8) to the Petition lacks specific proposed conditions, such as intended uses of the funds and safeguards to ensure they are preserved for the minor’s benefit. 

 

Accordingly, the Court requires supplement information and/or amended petition form to address these deficiencies. A ruling will be issued at a later date after Petitioner has been afforded an opportunity to correct the issues identified above.

 

CONCLUSION

 

Petitioner Carmen Fernandez’s Petition for Approval of Compromise of Claim for Minor Andrew Carrillo is CONTINUED to allow for the submission of additional information or corrections.

 

Moving party to give notice.