Department 78, Stanley Mosk Courthouse

February 20, 2024

21STCV33341

Petition to Approve Compromise of Emily Pineda (Age 8)

DECISION

This matter will be continued to allow counsel to correct the deficiencies noted below.

Corrected papers must be filed at least five court days in advance of the continued hearing date.

The parties are ordered to appear at the hearing to set a continued hearing date.

Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.

DISCUSSION

Settlement: 

Claimant Emily Pineda $5,000

Plaintiff Clemente Pineda $40,000

Plaintiff Genesis Garcia $40,000

Injuries: 

Claimant was living with her family in an apartment with mold growth, defective plumbing, defective wiring, vermin, and other issues. Claimant suffered frequent heat rashes, insect bites, severe allergies, and respiratory illnesses. Claimant has recovered completely from her injuries.

Form Issues:

Petitioner filed an outdated MC-350 from 2011. The most recent version became effective January 1, 2021. Petitioner must use updated forms.

Petitioner failed to file an MC-351. Petitioner must file form MC-351.

Medical Expenses:

Petitioner left the medical expenses portion of form MC-350 blank. However, Claimant did receive treatment for her injuries. Even if Petitioner is not seeking to be reimbursed for medical expenses, Petitioner must fill in what the total medical expenses were and how they were paid so the Court may determine the reasonableness of the compromise.

Costs and fees:

Costs and fees appear to have been waived.

Reimbursement:

Medical expenses $0

Total fees and costs $0

Total Settlement $5,000

Less costs $0

Net settlement $5,000

Petitioner proposes to have the settlement paid directly to her and includes her name and address in an attachment. 

However, Petitioner has not submitted a declaration of written assurance as required by Probate Code sections 3401 and 3402.