Judge: Lisa R. Jaskol, Case: 21STCV21467, Date: 2024-07-02 Tentative Ruling

Case Number: 21STCV21467    Hearing Date: July 2, 2024    Dept: 28

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

BACKGROUND 

On June 9, 2021, Plaintiffs Mariah Ramirez, Alfredo Nicolas Ramirez, and Ocean Diaz filed this action against Defendants Jose William Juarez Ramos, Edgar Perez Diaz, Uber Technologies, Inc. (“Uber”), and Does 1-10 for motor vehicle tort and general negligence. 

On June 29, 2021, the Court appointed Mariah Ramirez to serve as guardian ad litem for Plaintiffs Alfredo Nicolas Ramirez and Ocean Diaz. 

On July 15, 2022, Uber filed an answer. 

On March 14, 2023, the Court dismissed Plaintiff Mariah Ramirez with prejudice at Plaintiffs’ request. 

On August 15, 2023, Plaintiffs filed a notice of settlement. 

On August 16, 2023, the Court dismissed Plaintiff Ocean Diaz with prejudice at Plaintiffs’ request. 

On June 7, 2024, Petitioner Mariah Ramirez (“Petitioner”) filed a petition for expedited approval of a minor’s compromise, to be heard on July 2, 2024. 

PETITIONER’S REQUEST 

Petitioner Mariah Ramirez asks the Court to approve the compromise of minor Plaintiff Alfredo Nicolas Ramirez’s action. 

DISCUSSION 

          The petition contains the following information: 

          Gross settlement amount:                    $15,000.00

          Total medical expenses:                       $4,252.00

          Reductions:                                          $561.77

          To be paid/reimbursed:                        $3,500.00

          Attorney’s fees requested:                   $3,750.00

Non-medical expenses:                                  $312.26

Net balance:                                                   $7,057.40

 In Section 12b of the petition, Petitioner states that one or more of the Defendants have offered to pay money to a person other than Plaintiff Alfredo Nicolas Ramirez to settle claims arising out of the same incident that resulted in Plaintiff Alfredo Nicolas Ramirez’s injury.  In Section 12b(2), Petitioner states that she will receive money under the settlement.  Petitioner should explain (1) how much money Petitioner will receive, (2) if anyone other than Petitioner and Plaintiff Alfredo Nicolas Ramirez will receive money, and (3) if so, how much. 

Section 13a(1) of the petition states that total medical expenses were $4,252.00.  Section 13a(3) of the petition states that this amount was reduced by $561.77 as the result of negotiated, contractual, and statutory reductions.  This should mean that $3,690.23 (the difference between the total medical expenses and the amount of reductions) will be paid or reimbursed from the settlement proceeds.  However, Section 13a(4) of the petition states that only $3,500.00 of the medical expenses will be paid or reimbursed from the settlement proceeds.  As a result, $190.23 of the medical expenses are unaccounted for.  The Court cannot grant a petition to approve a minor’s compromise unless it shows that all medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

In addition, although Section 13a(4) of the petition states that $3,500.00 of the medical expenses will be paid or reimbursed from the settlement proceeds, Section 17b of the petition states that $3,880.34 of the medical expenses will be paid from the settlement proceeds.  Petitioner should revise the petition to address this discrepancy. 

The Court denies the petition. 

CONCLUSION 

The Court DENIES the petition to approve the compromise of Plaintiff Alfredo Nicolas Ramirez’s action filed by Petitioner Mariah Ramirez on June 7, 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.