Judge: David B. Gelfound, Case: 24CHCV03650, Date: 2025-01-22 Tentative Ruling
Case Number: 24CHCV03650 Hearing Date: January 22, 2025 Dept: F49
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Dept.
F49 |
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Date:
1/22/25 |
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Case
Name: Diego Jimenez Andrade, by and through his Guardian ad Litem, Ma De
Los Angeles Andrade v. Lucena Rollon Welton, and Does 1 to 100 |
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Case No.
24CHCV03650 |
LOS
ANGELES SUPERIOR COURT
NORTH
VALLEY DISTRICT
DEPARTMENT
F49
JANUARY 22,
2025
PETITION FOR APPROVAL OF
COMPROMISE OF CLAIM FOR MINOR
Los Angeles Superior Court Case No. 24CHCV03650
Petition filed: 12/30/24
MOVING PARTY: Petitioner Ma De Los Angeles Andrade
RESPONDING PARTY: None.
NOTICE: OK.
RELIEF REQUESTED: Petitioner Ma De Los Angeles Andrade seeks the Court’s
approval of the settlement that her minor son, Plaintiff and claimant, Diego
Jimenez Andrade, reached with Defendant Lucena Rollon Welton.
TENTATIVE RULING: The petition is CONTINUED.
BACKGROUND
This action arises from a
personal injury sustained by the minor Plaintiff Diego Jimenez Andrade from an
automotive collision that occurred on October 15, 2022.
On October 9, 2024,
Plaintiff Diego Jimenez Andrade (“Plaintiff”), by and through his Guardian ad Litem,
Ma De Los Angeles Andrade, initiated the present action by filing a Complaint against
Defendant Lucena Rollon Welton (“Defendant” or “Welton”) and Does 1 to 100. The
Complaint alleges the following causes of action: (1) Motor Vehicle, and (2)
General Negligence.
On December 30, 2024, Plaintiff, by and through his
Guardian ad Litem, Ma De Los Angeles Andrade (“Petitioner”) 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 |
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Claimant (minor) |
Diego Jimenez Andrade |
DOB:9/14/08, age: 16 |
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Guardian ad litem |
Ma De Los Angeles Andrade |
Parent |
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Settlement (Total) |
$13,150.00 (MC-350 ¶ 10a) |
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Injuries |
“Left
arm, neck, face.” (MC-350 ¶ 6) |
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Medical treatment received? |
(1)
Providence Holy
Cross Medical Center – Mission Hills, (2)
Anthony Blending,
M.D., Inc. – Woodland Hills Radiology (3)
Precision
Chiropractic (4)
Integrated Pain
Management (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) |
$12,388.86 (MC-350 ¶ 12a(1)) |
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Medical Bills (Documentation) |
No. (MC-350,
Attach. 7 is not included.) |
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Outstanding medical payments owed from proceeds |
$4,836.90 (MC-350 ¶ 12a(4)) |
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Provider Liens (Documentation) |
$86.90 (MC-350
Attach. 12b(4)(c)) |
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Negotiated Lien Reductions? |
$ 7,551.96 (MC-350 ¶ 12a(3)) |
There is a discrepancy between the number stated here and
the summation of each negotiated reductions by each medical service provider
as shown in paragraph 12b(5) and its attachment. |
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Documentation of lien reductions |
Information is provided in MC-350 ¶
12b(4)(c) |
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Attorney Fees |
$3,287.50 (25% of $13,150.00) (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(c).) |
No. (MC-350 Attach. 13(a), 17(a)) |
Declaration of fees and copy of retainer
are not included. |
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Litigation Costs |
$ 25.60 (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 |
$ 5,000.00 (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.” |
$5,000.00 to be
paid to the parent of the claimant (MC-350, ¶ 18B(5)): Ma De Los
Angeles Andrade 9521 Laurel
Canyon Blvd., Apt. 34 Arleta, CA
91331 |
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Proposed order to approve compromise is congruent with
Petition? |
No. |
The petition does not include a proposed
order. |
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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)
Discrepancy in
Negotiated Lien Reductions:
The petition states that the “total of
negotiated, contractual, or statutory reductions” is $7,551.96. (MC-350 ¶
12a(3).)
However, the breakdown of the reductions by
each medical service provider indicates the following: (1) $2,945.00 (Precision
Chiropractic Clinic), (2) $550.00 (Integrated Pain Management), (3) $1,400.00
(Woodland Hills Radiology), and (4) $3,478.00 (Providence Holy Cross). These
reductions collectively amount to $8,373.00, which is $821.04 more than the
stated $7,551.96.
This description is not addressed in the petition
and further clarification or correction is necessary.
(2)
Missing
Information
The petition does not include the counsel’s
declaration of fees and copy of retainer. (Cal. Rules of Court, rule 7.955(c).)
(3)
Missing Proposed
Order
The petition also does not include a proposed
order form MC-351.
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
Ma De Los Angeles Andrade’s Petition for Approval of Compromise of Claim for Diego Jimenez Andrade is CONTINUED
to allow for the submission of additional information or corrections.
Moving
party to give notice.