Judge: Lisa R. Jaskol, Case: 21STCV14486, Date: 2024-12-03 Tentative Ruling

Case Number: 21STCV14486    Hearing Date: December 3, 2024    Dept: 28

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

BACKGROUND 

On April 15, 2021, Plaintiffs Laura Banuelos, Edward Franco, Micaela Avilez, an incompetent adult by and through her guardian ad litem Veronica Banuelos, and Ozais Banuelos Verdugo, a minor by and through his guardian ad litem Alfredo Verdugo, filed this action against Defendants City of Pico Rivera, El Rancho Unified School District, Matthew Perez, and Does 1-25 for motor vehicle negligence. 

On May 13, 2021, the Court appointed Veronica Banuelos to serve as guardian ad litem for Plaintiff Micaela Avilez. 

On April 11, 2022, the Court appointed Alfredo Verdugo to serve as guardian ad litem for Plaintiff Ozais Verdugo. 

On July 11, 2022, Defendant El Rancho Unified School District filed an answer.  On July 29, 2022, Defendant Matthew Perez filed an answer. 

On May 17, 2023, the Court dismissed Defendant City of Pico Rivera with prejudice at Plaintiffs’ request. 

On August 2, 2024, Plaintiffs filed a notice of settlement. 

On October 14, 2024, Petitioner Alfredo Verdugo filed a petition to approve the compromise of Plaintiff Ozais Banuelos Verdugo’s claims.  Also on October 14, 2024, Petitioner Veronica Banuelos filed a petition to approve the compromise of Plaintiff Micaela Avilez’s claims.  The petitions were set for hearing on December 3, 2024. 

PETITIONERS’ REQUESTS 

Petitioner Alfredo Verdugo asks the Court to approve the compromise of Plaintiff Ozais Banuelos Verdugo’s claims. 

Petitioner Veronica Banuelos asks the Court to approve the compromise of Plaintiff Micaela Avilez’s claims. 

DISCUSSION 

A.   Plaintiff Ozais Banuelos Verdugo 

The petition provides the following information: 

Gross settlement amount:                              $10,000.00

Total medical expenses:                                 $3,713.00

Medical expenses paid:                                  $421.40

Reductions:                                                    $105.35

          To be paid/reimbursed from proceeds:            $316.05

          Liens:                                                             $421.40

          Attorney’s fees:                                             $2,500.00

          Costs:                                                             $120.90

          Net balance:                                                   $7,063.05

 Section 12a(1) of the petition states that total medical expenses were $3,713.00. Section 12a(3) of the petition states that this amount was reduced by $105.35. This should mean that the remaining amount of medical expenses – $3,607.65 – will be paid or reimbursed from the settlement proceeds. However, Section 12a(4) of the petition states that only $316.05 will be paid or reimbursed from the settlement proceeds.  As a result, $3,291.60 of the medical expenses remain unaccounted for. 

The reduction amounts listed in Section 12b(5)(b) of the petition do not appear to be included in Section 12a(3). 

Section 12b(5)(b)(i) states that City of Montebello charged $581.00 for medical services and received payment of $581.00.  Although Medi-Cal appears to have paid the other medical providers, the petition does not state who paid $581.00 to City of Montebello or whether the person or entity who made this payment has waived the right to be reimbursed from the settlement proceeds for the payment. 

  The Court cannot grant 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. 

The Court denies the petition. 

B.   Micaela Avilez 

The petition provides the following information: 

Gross settlement amount:                              $75,000.00

Total medical expenses:                                 $89,093.90

Medical expenses paid:                                  $10,279.10

Reductions:                                                    $78,814.80

To be paid/reimbursed from proceeds:           $11,387.15

Liens:                                                             $21,873.10

Attorney’s fees:                                             $18,750.00 or $15,000.00

Costs:                                                             $179.13

Net balance:                                                   $48,433.72

 Section 12a(1) of the petition states that total medical expenses were $89,093.90. Section 12a(3) of the petition states that this amount was reduced by $78,814.80. This should mean that the remaining amount of medical expenses – $10,279.10 – will be paid or reimbursed from the settlement proceeds. However, Section 12a(4) of the petition states that $11,387.15 will be paid or reimbursed from the settlement proceeds.  This is $1,108.05 more than the difference between the total medical expenses and the reduction amount.  The petition does not explain why the settlement proceeds will be used to pay or reimburse an amount in excess of the non-reduced medical expenses. 

Section 13a of the petition states that attorney’s fees are $18,750.00.  However, section 16c states that attorney’s fees are $15,000.00.  The figures should be the same. 

The Court denies the petition.

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of Plaintiff Ozais Banuelos Verdugo’s claims filed by Petitioner Alfredo Verdugo on October 14, 2024. 

 The Court DENIES without prejudice the petition to approve the compromise of Plaintiff Micaela Avilez’s claims filed by Petitioner Veronica Banuelos on October 14, 2024. 

Petitioners are ordered to give notice of this ruling. 

Petitioners are ordered to file the proof of service of this ruling with the Court within five days.