Judge: Lisa R. Jaskol, Case: 19STCV23846, Date: 2024-10-02 Tentative Ruling
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Case Number: 19STCV23846 Hearing Date: October 2, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On July 8, 2019, Plaintiffs Jessie Said, Jan Said, Jonear Said, by and through their guardian ad litem Amira Youssef, and Amira Youssef filed this action against Defendants Alexandra Fierro Houston and Larry F. Houston as Trustees of the Houston Trust dated September 6, 2016 (“Trustees”), Westwood Properties LLC, Westwood Properties Management Services, Inc., and Does 1-75 for general negligence, premises liability, and negligent infliction of emotional distress.
On July 26, 2019, the Court appointed Amira Youssef to serve as guardian ad litem for Plaintiffs Jessie Said, Jan Said, and Jonear Said.
On March 12, 2021, the Court dismissed Westwood Properties LLC without prejudice at Plaintiffs’ request.
On April 8, 2021, Trustees filed an answer and a cross-complaint against Cross-Defendants Amira Youseff, Mamdoh Said, and Roes 1-50 for equitable indemnity, apportionment of comparative negligence, and declaratory relief. On June 9, 2021, Cross-Defendants Amira Youseff and Mamdoh Said filed an answer to the Trustees’ cross-complaint.
On August 22, 2023, Plaintiffs filed a notice of settlement.
On August 15, 2024, Petitioner Amira Youssef (“Petitioner”) submitted a petition for expedited approval of the compromise of minor Plaintiff Jessie Said’s claims.
PETITIONER’S REQUEST
Petitioner asks the Court for expedited approval of the compromise of the pending action of minor Plaintiff Jessie Said.
DISCUSSION
Based on the Court’s review of the petition and attachments, Petitioner should consider making the following changes to Section 12a of the petition (after checking the Court’s suggestions to see if they are correct):
· Section 12a(2): The total medical expenses paid should
include $7,623.53 paid by Medi-Cal and $830.70 paid by Plaintiff, for a total
of $8,454.23 (not $5,717.65).
· Section 12a(4): The amount of medical expenses to be
paid or reimbursed from the settlement proceeds should include $5,717.65 for
Medi-Cal, $830.70 for Petitioner, and $2,708 for medical services providers,
for a total of $9,256.35 (not $3,538.70).
(See Section 17b.)
· Section 12a(5): The amount of statutory or contractual liens should include $5,717.65 for Medi-Cal and $2,708 for medical services providers, for a total of $8,425.65 (not $5,717.65).
The Court continues the hearing to allow Petitioner to submit a revised petition.
CONCLUSION
The Court CONTINUES the hearing on the petition for expedited approval of the compromise of minor Plaintiff Jessie Said’s case filed by Petitioner Amira Youssef to a date to be provided at the October 2, 2024 hearing.
Petitioner is ordered to give notice of this ruling.
Petitioner is ordered to file the proof of service of this ruling with the Court within five days.