Judge: Lisa R. Jaskol, Case: 19STCV44000, Date: 2023-09-21 Tentative Ruling
Case Number: 19STCV44000 Hearing Date: January 2, 2024 Dept: 28
Claimant Malaki Turner (“Claimant”) was attending a ceramics class at Defendant Ross Middle School (“Defendant”) when he was left unsupervised. Another student threw a rolling pin, hitting Claimant in the face. As a result of the incident, Claimant suffered from a lacerated upper lip and two broken teeth.
This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Leslie Davis (“Petitioner”) uses the required Judicial Council forms and meets certain conditions. The conditions are:
1. Petitioner is represented by an attorney.
2. The claim is not for wrongful death.
3. Settlement proceeds will not be placed in a trust.
4. There are no unresolved liens.
5. Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier.
6. Petitioner’s attorney is not employed by or associated with a Defendant or insurance carrier in connection with the petition.
7. If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined that the settlement is in good faith.
8. The settlement, exclusive of interests and costs, is $50,000 or less OR if greater than $50,000, the amount payable is the insurance policy limits AND all proposed contributing parties would be substantially unable to use assets other than the insurance policy limits AND the court does not otherwise order.
PROPOSED SETTLEMENT INFORMATION:
SETTLEMENT AMOUNT: $50,000.00
INJURIES: Lacerated upper lip and broken teeth
MEDICAL EXPENSES: $22,103.64
COSTS: $955.78
ATTORNEY’S FEES: $12,500.00, which is 25% of the gross settlement
BALANCE OF PROCEEDS: $18,062.99
DISCUSSION:
Section 13a(1) of the petition states that the total amount of medical expenses is $22,103.64. Section 13a(3) of the petition states that this amount was reduced by $3,622.41 as the result of negotiated, contractual, and statutory reductions. After the reductions, $18,481.23 in medical expenses remain to be either reimbursed from the settlement proceeds or waived. However, section 13a(4) the petition states that only $7,614 of the medical expenses will be reimbursed from the settlement proceeds. (By contrast, section 17b of the petition states that $18,481.23 in medical expenses will be paid from the settlement proceeds.)
The Court cannot approve a petition for minor’s compromise unless it shows that all medical expenses that have not been waived or reduced will be reimbursed from the settlement proceeds. Here, although it appears from the figures in section 13a of the petition that $18,481.23 in medical expenses have not been reduced or waived, only $7,614 of the medical expenses will be reimbursed from the settlement proceeds (according to section 13a). This leaves $10,867.23 in medical expenses unaccounted for in section 13a.
Attachment 13a of the petition lists $10,867.23 as the “total statutory lien from Medi-Cal.” (Attachment 13a.) The petition needs to show that this amount will be reimbursed to Medi-Cal (DHCS) from the settlement proceeds.
In addition, the petition contains two different figures for the amount of medical expenses that Petitioner has paid (and for which Petitioner is to be reimbursed). In section 13e, the petition states that Petitioner has paid $4,454. In 15b(1), the petition states that Petitioner has paid $18,481,23.
Section 13f(2) of the petition states: “There are one or more liens from medical service providers for payment of the claimant's medical expenses. In full satisfaction of their lien claims, the lienholders have agreed to accept the sum of: $ ___.” Petitioner should write the sum that the medical service provider lienholders have agreed to accept in the blank space provided in section 13f(2).
Attachment 13a states: “Attach[ed] hereto are the total medical bills and bills to be paid/reimbursed.” However, the medical bills attached to the petition do not appear to account for all of the medical expenses incurred.
Section 13a(2) of the petition states that $18,481.23 was the total amount of medical expenses that were paid. The letter from DHCS states that Medi-Cal paid $14,489.64 of the medical expenses. Section 13e of the petition states that Petitioner paid $4,454 in medical expenses. Together, the amounts paid by Medi-Cal and Petitioner ($18,943.64) come to more than the $18,481.23 listed in Section 13a(2) as the total medical expenses paid.
Section 13g of the petition states: “Latest statements from all medical service providers are attached as Attachment 13g.” The petition does not include an Attachment 13g and does not appear to include the latest statements from all medical providers.
The petition should be revised to address the inconsistencies and omissions mentioned above and to show that all medical expenses that have not been waived or reduced will be reimbursed from the settlement proceeds.
The Court denies the petition without prejudice.