Judge: Lisa R. Jaskol, Case: 20STCV36707, Date: 2023-09-29 Tentative Ruling

Case Number: 20STCV36707    Hearing Date: February 27, 2024    Dept: 28

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

BACKGROUND 

On September 24, 2020, Plaintiff Caleb Chevy Bardling-Velasco, by and through his guardian ad litem Allena Velasco (“Plaintiff”), filed a complaint against Defendants Bandini Street Elementary School, Los Angeles Unified School District, LA’s Best, and Does 1-100 for (1) vicarious liability under Government Code sections 815, 815.2, 815.4, 815.6 and 820, (2) breach of mandatory duty under Government Code section 815.6, and (3) general negligence. 

On March 24, 2021, Plaintiff filed a first amended complaint against Los Angeles Unified School District (“Defendant”) and Does 1-50 for liability under Government Code sections 815, 815.2, 815.4, 815.6 and 820. 

On April 26, 2021, Defendant filed an answer. 

On May 26, 2023, Plaintiff filed a notice of settlement. 

On February 5, 2024, Petitioner Allena Velasco (“Petitioner”) filed a petition to approve minor’s compromise to be heard on February 27, 2024. 

PETITIONER’S REQUEST 

Petitioner Allena Velasco asks the Court to approve the compromise of Plaintiff Caleb Chevy Bardling-Velasco’s pending action. 

DISCUSSION 

Defendant has offered to pay $76,500.00 to settle Plaintiff’s action. 

Section 12a(1) of the petition states that total medical expenses before any reductions were $1,565.37.  Of this amount, the petition states that no medical expenses were paid (Section 12a(2)), there were no negotiated, contractual, or statutory reductions (Section 12a(3)), no medical expenses will be paid or reimbursed from the settlement proceeds (Section 12a(4)), and there are no statutory or contractual liens (Section 12a(5)). 

However, Section 12b(5)(b)(i) states that Providence Little Company of Mary charged $1,486.86 in medical expenses and agreed to a negotiated reduction of $1,486.86, leaving nothing owing.  The amount of the reduction ($1,486.86) should be included in Section 12a(3) of the petition. 

Section 12b(5)(b)(ii) of the petition states that Long Beach Women and Children’s Medical charged $78.51 in medical expenses and agreed to a negotiated reduction of $78.51, leaving nothing owing.  The amount of the reduction ($78.51) should be included in Section 12a(3) of the petition. 

Petitioner has attached letters from Providence Health and Services and Long Beach Family Clinic Pediatrics stating that no amounts are owed.  However, Petitioner has not provided the pre-reduction medical bills from these institutions or medical records showing the treatment Plaintiff received.  Petitioner should provide these bills and records. 

The Court denies the petition. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of Plaintiff Caleb Chevy Bardling-Velasco’s action filed by Petitioner Allena Velasco on February 5, 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.