Judge: Lisa R. Jaskol, Case: 19STCV29977, Date: 2023-09-06 Tentative Ruling

Case Number: 19STCV29977    Hearing Date: September 6, 2023    Dept: 28

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND 

On August 23, 2019, Plaintiff Yassine Belmlih (“Plaintiff”) filed this action against Defendants Los Angeles Unified School District (“Defendant”) and Does 1-100 for negligence.  On August 4, 2020, Plaintiff filed a first amended complaint. 

On August 20, 2020, Defendant filed an answer. 

On July 27, 2023, Petitioner Mohammed Belmlih (“Petitioner”) submitted a petition for compromise of Plaintiff’s case to be heard on September 6, 2023. 

PARTY’S REQUEST 

Petitioner Mohammed Belmlih asks the Court to approve the compromise of the pending action of Plaintiff Yassine Belmlih. 

DISCUSSION 

Section 13a(1) of the petition states that Plaintiff’s total medical expenses are $5,294.97 and that this amount is to be paid from the proceeds.  Section 13b(4) states that Medi-Cal paid this amount.  Section 12b(5) states that Medi-Cal will receive this amount from the settlement proceeds.  However, the petition does not include documentation from Medi-Cal stating the amount it has agreed to accept as reimbursement.  Plaintiff’s billing records also do not contain this information.  

In addition, Section 11c of the petition states that “Defendant has to pay $50,000 to Claimant, $3,975.00 to Mediator Alan Saler and $3,048.20 to Medi-Cal.”  It is unclear how Defendant’s payment of $3,048.20 to Medi-Cal is related to the $5,294.97 Medi-Cal is to receive from the settlement proceeds according to Section 12b(5) of the petition. 

Section 13b(4) of the petition states that notice of this claim or action has been given to the State Director of Health Care Services under Welfare and Institutions Code section 14124.73 and a copy of the notice and proof of its delivery was filed in this matter “on ___ (date).”  However, no date is provided and the notice and proof of delivery is not attached. 

In Section 14b of the petition, Petitioner has listed the amount of attorney fees claimed, but this section asks for the amount of costs other than attorney fees.  Section 17d of the petition lists $3,975, apparently for the mediator (see Section 11c). 

The net balance listed in Section 16 ($36.286.53) differs from the amount listed in Section 17(f) ($33,977.76). 

For the reasons stated above, the Court denies the petition. 

CONCLUSION 

The Court DENIES the petition to approve the compromise of Plaintiff Yassine Belmlih’s pending action filed by Petitioner Mohammed Belmlih. 

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.