Judge: David B. Gelfound, Case: 23CHCV03068, Date: 2024-08-06 Tentative Ruling

Case Number: 23CHCV03068    Hearing Date: August 6, 2024    Dept: F49

Dept. F49¿ 

Date: 8/6/24

Case Name: Ana R. De Santiago Garcia, et al. v. Frederick M. Reiner, and Does 1-20

Case No. 23CHCV03068

 

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

 

AUGUST 6, 2024

 

PETITION FOR APPROVAL OF COMPROMISE OF CLAIM FOR MINOR [4738]

Los Angeles Superior Court Case No. 23CHCV03068

Petition filed: 7/9/24

MOVING PARTY: Plaintiff Maria Isabel Alvarado (“Petitioner”)

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: Petitioner Maria Isabel Alvarado seeks the Court’s approval of the settlement that her minor son, Plaintiff and claimant Daniel Alvarado, reached with Defendant Frederick M. Reiner.

TENTATIVE RULING: The petition is GRANTED.

BACKGROUND

This action arises from alleged personal injuries that Plaintiffs sustained as a result of an automobile collision with Defendant’s vehicle on September 2, 2022.

 

            On October 12, 2023, Plaintiffs Ana R. De Santiago; Jesus Jacobo; Adrian Barragan, a minor by and through his Guardian ad Litem (“GAL”) Ana R. De Santiago Garcia;  Diego Alvarado, a minor by and through his GAL Fabiola Alvarado; and Daniel Alvarado, a minor by and through his GAL Maria Isabel Alvarado (collectively, “Plaintiffs”) filed their Complaint against Defendant Frederick M. Reiner (“Reiner” or “Defendant”) and Does 1 to 20, alleging three causes of action: (1) Motor Vehicle Liability, (2) General Negligence, and (3) Loss of Consortium. Subsequently, on December 21, 2023, Reiner filed his Answer to the Complaint.

 

            On July 9, 2024, Plaintiff Maria Isabel Alvarado 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 

Guardian ad litem 

Maria Isabel Alvarado

Mother 

Settlement (Total) 

$18,000.00 (MC-350 ¶ 10)  

 

Injuries 

sprain, left wrist pain, thoracic pain, adjacent soft tissue swelling on left wrist, marrow edema of the ulnar styloid process and distal ulnar physis on the left wrist, and sprain of the left wrist

 

Medical treatment received? 

Arleta Chiropractic PC;

Sohail Shayfer, MD;

Prohealth Advanced Imaging (MC-350 ¶ 7) 

 

Completely healed of injuries? 

Yes (MC-350 ¶ 8a) 

 

Medical Expenses Incurred (Total) 

$7,443.00 (MC-350 ¶ 12a(1)) 

Including a negotiated reduction of $4,143.00, resulting in the total amount to be paid as $3,300.00 (MC-350 ¶ 12b(5)) 

Medical Bills (Documentation) 

Statements from Arleta Chiropractic PC; Sohail Shayfer, MD; and Prohealth Advanced Imaging are attached.

 

Outstanding medical payments owed from proceeds 

$3,300.00 (MC-350 ¶ 12a(4)) 

Provider Liens (Documentation) 

Arleta Chiropractic PC: $1,800;

Sohail Shayfer, MD: $900;

Prohealth Advanced Imaging: $600 (MC-350 ¶ 12b(5), MC-351 ¶ 8a)

 

Negotiated Lien Reductions? 

Arleta Chiropractic PC: $1,455.00;

Sohail Shayfer, MD: $900.00;

Prohealth Advanced Imaging: $1,788.00 (MC-350 ¶ 12a(3)) 

Documentation of lien reductions 

n/a 

 

Attorney Fees 

$4,500.00 (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. (Perez Decl. ¶ 6) 

 

Litigation Costs 

$1,290.00 (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 

$8,910.00 (MC-350 ¶ 15) 

 

Blocked account? 

Yes (MC-351 ¶ 9) 

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 

GRANT 

 

CONCLUSION

 

Petitioner’s Petition for Approval of Compromise of Claim for Minor Daniel Alvarado is GRANTED.