Judge: David B. Gelfound, Case: 23CHCV02232, Date: 2024-08-14 Tentative Ruling

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Case Number: 23CHCV02232    Hearing Date: August 14, 2024    Dept: F49

Dept. F49¿ 

Date: 8/14/24

Case Name: Scott Liescheidt, Nixon Liescheidt v. Kalani Valaree Caldera, and Does 1-10

Case No. 23CHCV02232

 

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

 

AUGUST 14, 2024

 

PETITION FOR APPROVAL OF COMPROMISE OF CLAIM FOR MINOR

Los Angeles Superior Court Case No. 23CHCV02232

Petition filed: 7/17/24

MOVING PARTY: Plaintiff Scott Liescheidt (“Petitioner”)

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: Petitioner Scott Liescheidt seeks the Court’s approval of the settlement that his minor son, Plaintiff and claimant, Nixon Liescheidt, reached with Defendant Kalani Valaree Caldera.

TENTATIVE RULING: The petition is CONTINUED.

BACKGROUND

This action arises from alleged personal injuries that Plaintiffs sustained as a result of an automobile collision with Defendant’s vehicle on August 13, 2021.

 

            On July 25, 2023, Plaintiffs Scott Liescheidt and Scott Liescheidt, a minor by and through his Guardian ad Litem (“GAL”) Scott Liescheidt (collectively, “Plaintiffs”) filed their Complaint against Defendant Kalani Valaree Caldera (“Caldera” or “Defendant”) and Does 1 to 10, alleging one cause of action for Negligence.

 

            On July 17, 2024, Plaintiff Scott Liescheidt filed the instant Petition for Approval of Minor’s Compromise (the “Petition”).

 

            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)

Nixon Liescheidt

DOB:11/21/08, age: 15

Guardian ad litem 

Scott Liescheidt

Parent 

Settlement (Total) 

$15,000.00 (MC-350 ¶ 10)  

 

Injuries 

Right shoulder contusion, MRI studies were normal. (MC-350 ¶ 6)

 

Medical treatment received? 

1.      Evaluation, imaging, and treatment at Henry Mayo Hospital emergency room;

2.      Evaluation by Vasanti Volenti, M.D. as Lakeside Community Health;

3.      MRI right shoulder at Beverly Radiology Medical Group;

4.      Physical therapy at Vargo Physical Therapy (MC-350 ¶ 7) 

 Medical Records attached (MC-350 Att. “8”)

Completely healed of injuries? 

Yes (MC-350 ¶ 8a) 

 

Medical Expenses Incurred (Total) 

$7,791.17 (MC-350 ¶ 12a(1)) 

There is a discrepancy between the balance shown and the actual total medical expenses minus the total paid expenses.

Medical Bills (Documentation) 

None.

 

Outstanding medical payments owed from proceeds 

$570.12 (MC-350 ¶ 12a(4)) 

Provider Liens (Documentation) 

Medi-Cal demand letter (MC-350 ¶ 12b(5), Att. 12b(4)(c))

 

Negotiated Lien Reductions? 

$190.03 (MC-350 ¶ 12a(3)) 

Documentation of lien reductions 

n/a 

 

Attorney Fees 

$3,750.00 (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. (Edzant Decl. ¶ 4) (MC-350 Att. 17(a))

 25% of claimant’s recovery

Litigation Costs 

$136.20 (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 

$10,543.68 (MC-350 ¶ 15) 

To be deposited into a Federally Insured Blocked Trust Account at Wells Fargo Bank

Blocked account? 

Yes (MC-351 ¶ 9c(2)) 

Wells Fargo Bank 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 

 

On August 14, 2023, the Court noted the following deficiencies: 

 

1.      Petitioner’s medical expense Totals do not reflect that all medical expenses will be satisfied after judgment. (MC-350 ¶12a.) Specifically, the line item “total medical expenses paid (including payments by private insurance, Medi-Cal, or Medicare)” lists $760.15 (Id, ¶12(2)), which only accounts for the benefits received from Medi-Cal. Consequently, this results in a discrepancy between the balance shown and the total medical expense minus the total paid expense.

 

Given these deficiencies, the Court CONTINUES the hearing on the Petition for Minor’s Compromise of Disputed Claim. 

 

CONCLUSION

 

Petitioner’s Petition for Approval of Compromise of Claim for Minor Nixon Liescheidt is CONTINUED.