Judge: Lisa R. Jaskol, Case: 20STCV14277, Date: 2024-02-16 Tentative Ruling

Case Number: 20STCV14277    Hearing Date: February 16, 2024    Dept: 28

Having reviewed the expedited petition to approve minor’s compromise, the Court rules as follows. 

BACKGROUND 

          On April 13, 2020, Plaintiffs Jennifer Corpuz, Walter Corpuz, Joseph Corpuz, and Mia Corpuz filed this action against Defendants Kayla Chai and Does 1-10 for motor vehicle tort and general negligence. 

          On May 4, 2020, the Court appointed Jennifer Corpus to serve as guardian ad litem for minor Joseph Corpuz. 

          On October 12, 2021, Plaintiffs amended the complaint to include Defendant Hyun Chai as Doe 1. 

          On December 3, 2021, Plaintiffs Jennifer Corpuz, Walter Corpuz, and Joseph Corpuz filed a first amended complaint against Defendants Kayla Chai and Does 1-10 for motor vehicle tort and general negligence. 

          On February 9, 2022, Defendant Kayla Chai filed an answer. 

          On May 18, 2023, Plaintiffs filed a notice of settlement. 

          On January 16, 2024, Plaintiffs submitted a petition for expedited approval of a minor’s compromise. 

PETITIONERS’ REQUEST 

          Petitioners Jennifer Corpuz and Walter Corpuz ask the Court to approve the compromise of minor Plaintiff Joseph Corpuz’s claims against Defendant Kayla Chai. 

DISCUSSION 

Under the proposed settlement, Defendant Kayla Chai and Hyun Chai (through their insurance company) will pay minor Plaintiff Joseph Corpuz $1,000.00.  The petition states that Joseph Corpuz incurred no medical expenses and will receive the full settlement amount.  Plaintiffs’ counsel is not requesting attorney’s fees or costs. 

Section 19b(4) of the petition requests that $1,000.00 “be paid or delivered to a parent of the minor on the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.”  The petition requires Petitioner to provide “[t]he name and address of the parent and the money or other property to be delivered” in Attachment 19b(4).  However, Petitioner did not provide an attachment that contains this information.

The Court denies the petition without prejudice.

CONCLUSION 

          The Court DENIES the petition for expedited approval of the compromise of minor Plaintiff Joseph Corpuz’s claims filed by Petitioners Jennifer Corpuz and Walter Corpuz on January 16, 2024 without prejudice. 

          Petitioners are ordered to give notice.