Judge: Lee S. Arian, Case: 21STCV30748, Date: 2024-12-10 Tentative Ruling

Case Number: 21STCV30748    Hearing Date: December 10, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27¿ 

Petition To Approve Minor’s Compromise¿ 

Hearing Date: 12/5/24 

Claimant Name: Javier Sandoval Mendez, a minor¿ 

CASE NO./NAME: 21STCV30748 JAVIER SANDOVAL MENDEZ vs MARISELA CONTRERAS, et al.

Ruling: Deny¿ 

¿ 

TENTATIVE¿ 

On October 30, 2024, the Court issued the following order highlighting numerous deficiencies in Petitioner’s petition and proposed order:

Application: 

·         Petitioner must enter her name in Item 1 

·         Item 3g(1) needs to be checked 

·         Item 4b needs to be completed and checked 

·         Item 10 needs to be checked 

·         Item 12a should be checked since there is only one plaintiff. Accordingly, information under Item 12b(3) needs to be removed 

·         Item 13g(2) indicates that medical has been paid b Medi-Cal; if so, the relevant parts of Item 13 should be completed and any necessary attachments provided 

·         Item 15 needs to be completed 

·         Item 17 needs to be filled in 

·         Item 18a needs to be completed 

·         Item 19 needs to be completed. Petitioner has to chose how the funds are to be distributed 

·         Item 22 must be completed and signed by the petitioner. 

·         Attachment 9 needs to be provided 

·         Attachment 11c needs to be provided

Proposed Order:

·         Petitioner’s name must be entered under Item 2. 

·         Item 4 needs to be filled in 

·         Item 6b should be checked 

·         Item 8 requires completion 

·         Item 10 needs to be completed 

On December 3, 2024, Petitioner filed a new petition. However, numerous issues remain uncorrected, and several new problems have arisen:

Application:

• Item 4b still needs to be checked and completed.
• The total settlement amount is listed as $7,500 under Item 11, but Item 17 states the total settlement amount as $12,000. This inconsistency needs to be fixed.
• Attachments 9 and 11c still need to be provided.
• Attachment 19b(6) needs to be provided.
• Petitioner states that all expenses have been paid by private insurance, Medicare, or Medi-Cal. If this is the case, the relevant portions of Item 13 relating to the details regarding how payment was made must be completed. Additionally, Petitioner must attach proof of the fees and expenses incurred, as it is unclear to whom the medical expenses are being paid.

Proposed order:

• Item 6 of the proposed order must be completed.
• Item 6b needs to be checked.
• Item 8(b) is incorrect, as Petitioner is not asking to deposit the funds into a blocked account. The correct method of payment needs to be provided.

NO LATER THAN December 23, 2024, PLAINTIFF IS TO SUBMIT A NEW DEFAULT JUDGMENT PACKAGE CORRECTING THESE DEFECTS. IF NO CORRECTED REQUEST IS FILED OR IF A SIMILARLY DEFICIENT REQUEST IS FILED, THE COURT WILL SET AN OSC FOR SANCTIONS IN THE AMOUNT OF UP TO $1,001. NON-APPEARANCE CASE REVIEW RE: ENTRY OF DEFAULT JUDGMENT IS CONTINUED TO January 3, 2025.