Judge: Lisa R. Jaskol, Case: 21STCV10874, Date: 2024-11-21 Tentative Ruling
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Case Number: 21STCV10874 Hearing Date: November 21, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On March 19, 2021, Plaintiffs Kim Flum, Dennis Kralik, and Heidi Kralik, a minor, through her guardian ad litem Kim Flum, filed this action against Defendants Glendora Unified School District (“District”), Michelle Gallo (“Gallo”), and Does 1-50 for failure to discharge mandatory duties (Gov. Code, § 815.6), negligent hiring and supervision, negligence, and negligence per se.
On May 20, 2021, the Court appointed Kim Flum to serve as guardian ad litem for Plaintiff Heidi Kralik.
On September 21, 2021, District and Gallo filed an answer.
On April 25, 2022, Plaintiffs filed a notice of settlement.
On October 26, 2022, January 24, 2023, and November 17, 2023, the Court denied Petitioner Kim Flum’s petitions for expedited approval of minor’s compromise.
On August 26, 2024, Petitioner Kim Flum (“Petitioner”) filed a petition for expedited approval of the compromise of minor Plaintiff Heidi Kralik’s case.
PETITIONER’S REQUEST
Petitioner
asks the Court for expedited approval of the compromise of the action of minor
Plaintiff Heidi Kralik (“Plaintiff”).
DISCUSSION
The petitions contain the following information:
Gross
settlement amount: $15,000.00
Total
medical expenses: $0
Medical
expenses paid: $0
Reductions: $0
To
be paid etc. from proceeds: $0
Liens: $0
Attorney’s
fees: $3,750.00
Costs: $435.00
Net
balance: $10,815.00
Petitioner lists no medical expenses in Section 13a of the petition. However, in Section 13g(2), Plaintiff states the Plaintiff’s medical expenses were paid by “private insurance, Medicare, or Medi-Cal.” These responses are inconsistent.
Petitioner must list any medical expenses which Plaintiff incurred as a result of the incident giving rise to this lawsuit in Section 13a(1). Any payment or reduction of those expenses must be listed in Section 13a(2) and 13a(3). Medical expenses that have not been waived or reduced must be paid or reimbursed from the settlement proceeds (see Section 13a(4)).
In addition, the petition includes no attached medical or billing records showing that Plaintiff received medical treatment, showing the amounts of any payments or reductions, showing who (if anyone) paid some or all of Plaintiff's medical expenses, or showing who (if anyone) waived the right to be paid or reimbursed from the settlement proceeds or agreed to accept a reduced amount.
Although the petition does not list any medical expenses to be paid or reimbursed from the settlement proceeds, the proposed order states that Petitioner or Petitioner’s attorney is to receive $4,185.00 from the settlement proceeds as reimbursement for payment of medical and other expenses. Petitioner has provided no support for this request.
Although Sections 16 and 17f of the petition list the net settlement amount as $10,815.00, Section 19b(2) of the petition states that only $7,815.00 will be deposited in insured accounts in a financial institution.
The Court denies the petition.
CONCLUSION
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.