Judge: Lisa R. Jaskol, Case: 20STCV48628, Date: 2024-09-09 Tentative Ruling

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Case Number: 20STCV48628    Hearing Date: September 9, 2024    Dept: 28

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

BACKGROUND 

On December 21, 2020, Plaintiff Toahiti Chong (“Plaintiff”), a minor, by and through his guardian ad litem Darlene Chong, filed this action against Defendants City of Los Angeles, Blueberry & Chicken, LLC, and Does 1-25 for general negligence and premises liability. 

On February 10, 2021, Defendant Blueberry & Chicken, LLC filed an answer. 

On February 24, 2023, the Court dismissed Defendant Blueberry & Chicken LLC without prejudice at Plaintiff’s request. 

On December 22, 2023, Plaintiff filed a notice of settlement. 

On July 31, 2024, Petitioner Darlene Chong (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff’s action.  The petition was set for hearing on September 9, 2024.  

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of Plaintiff Toahiti Chong. 

DISCUSSION 

The petition includes the following information: 

Gross settlement amount:                                        $300,000.00

Total medical expenses:                                            $142,315.54

Reductions:                                                              $123,289.71

Amount paid:                                                           $17,045.09

To be paid/reimbursed from proceeds:                     $1,980.74

Liens:                                                                       $0

Attorney’s fees:                                                        $90,000.00

Costs:                                                                       $5,294.29

Net settlement amount:                                             $202,724.97 

Section 12a(1) of the petition states that total medical expenses were $142,315.54.  Section 12a(3) states that this amount was subject to $123,289.71 in reductions.  This should mean that the remaining amount ($19,025.83) is to be reimbursed from the settlement proceeds.  However, Section 12a(4) states that $1,980.74 is to be paid or reimbursed from the settlement proceeds.  As a result, $17,045.09 in medical expenses remain unaccounted for. 

Section 12a(2) states that $17,045.09 in medical expenses were paid but the petition does not state who paid the medical expenses or whether the person or entity who paid the medical expenses has agreed to waive its right to be reimbursed for the payment.  The Court cannot approve a petition unless it shows that all medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Toahiti Chong’s action filed by Petitioner Darlene Chong on July 31, 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.