Judge: Lisa R. Jaskol, Case: 20STCV15807, Date: 2024-11-13 Tentative Ruling
Case Number: 20STCV15807 Hearing Date: November 13, 2024 Dept: 28
Having considered the petitioning papers, the Court rules
as follows.
BACKGROUND
A. Case number 20STCV15807
On April 24, 2020, Plaintiff Mark Rodriguez, by and through his guardian ad litem Eddy Rodriguez, filed an action against Defendants City of Pasadena and Does 1-25 for dangerous condition of public property. (Case number 20STCV15807.)
On April 30, 2020, Plaintiff Mark-Anthony Rodriguez (“Plaintiff”), by and through his guardian ad litem Eddy Rodriguez, filed a first amended complaint against Defendants City of Pasadena (“City”) and Does 1-25 for dangerous condition of public property.
On May 28, 2020, the Court appointed Eddy Rodriguez to serve as Plaintiff’s guardian ad litem.
On July 29, 2020, Plaintiff amended the first amended complaint to include Defendant Vido Samarzich, Inc. as Doe 1. On September 21, 2020, the Court dismissed Defendant Vido Samarzich, Inc. without prejudice at Plaintiff’s request.
On September 28, 2020, the City filed an answer and a cross-complaint against Cross-Defendants Vido Samarzich, Inc. (“Samarzich”), Landscape Structures, Inc., and Roes 1-25 for express indemnity, equitable indemnity, contribution, and declaratory relief.
On November 2, 2020, Cross-Defendant Landscape Structures Inc. (erroneously sued as Landscape Structures, Inc.) (“Landscape”) filed an answer to the City’s cross-complaint.
On November 9, 2020, Samarzich filed an answer to the City’s cross-complaint and filed a cross-complaint against Cross-Defendants City, Landscape, and Moes 1-20 for implied equitable indemnity, contribution, negligence, and declaratory relief.
On September 3, 2021, the Court dismissed the City with prejudice from Samarzich’s cross-complaint at Samarzich’s request.
On December 15, 2020, Landscape filed an answer to Samarzich’s cross-complaint.
On February 24, 2022, Samarzich amended its cross-complaint to include Cross-Defendant Park Specialties, Inc. as Moe 1.
B. Case number 21STCV33701
On September 13, 2021, Plaintiff, by and through his guardian ad litem Eddy Rodriguez, filed an action against Defendants Landscape, Samarzich, and Does 1-25 for strict products liability and negligence. (Case number 21STCV33701.)
On November 19, 2021, Samarzich filed an answer. On December 2, 2021, Landscape filed an answer.
On October 25, 2022, the Court granted Landscape’s motion for summary judgment on Plaintiff’s complaint. On February 21, 2023, the Court entered judgment for Landscape.
C. The Court relates and consolidates the cases
On April 11, 2022, the Court found that case numbers 20STCV15807 and 21STCV33701 are related within the meaning of California Rules of Court, rule 3.300(a). Case number 20STCV15807 became the lead case. The cases were assigned to Department 28 at the Spring Street Courthouse for all purposes.
On July 27, 2022, the Court consolidated the cases for all purposes including trial based on the parties’ stipulation. Case number 20STCV15807 remained the lead case.
D. Notice of settlement and petition for approval of minor’s compromise
On February 27, 2023, Plaintiff filed a notice of settlement.
On October 17, 2024, Petitioner Eddy Rodriguez (“Petitioner”) filed a petition to approve the compromise of Plaintiff’s action. The petition was set for hearing on November 13, 2024.
PETITIONER’S REQUEST
Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Mark-Anthony Rodriguez.
DISCUSSION
The petition provides the following information:
Gross
settlement amount: $5,000.00
Total
medical expenses: $21,170.53
Medical
expenses paid: $603.80 (paid by Medi-Cal)
Reductions: $348.60
To be paid/reimbursed from proceeds: $255.20 (to satisfy Medi-Cal lien)
Liens: $0
Attorney’s fees: $0
Costs: $0
Net balance: $4,744.80
The Court has reviewed counsel’s declaration. The declaration does not resolve the issue of Section 12a’s failure to show that all medical expenses that have not been waived or reduced (i.e., $20,821.93) will be paid or reimbursed from the settlement proceeds.
A statement from Huntington Hospital attached to the petition suggests that the hospital may have reduced its charges by $19,004.69. If the hospital reduced its charges, the reduction amount should be listed in Section 12a(3) of the petition.
Although
Medi-Cal has agreed to accept $255.20 to satisfy its lien, Petitioner erroneously
lists “$0” as the lien amount in Section 12a(5) of the petition.
Petitioner has not filled out Section 12b(5)(b) of the petition.
The Court denies the petition.
CONCLUSION
The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Mark-Anthony Rodriguez’s claims filed by Petitioner Eddy Rodriguez on October 17, 2024.
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.