Judge: Lisa R. Jaskol, Case: 21STCV23329, Date: 2024-04-10 Tentative Ruling

Case Number: 21STCV23329    Hearing Date: April 10, 2024    Dept: 28

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

BACKGROUND 

On June 22, 2021, Plaintiffs Lamonte Brown and La-Miyah C. Brown, a minor, by and through her guardian ad litem Marsha Edwards, filed this action against Defendants Connie J. Howard and Does 1-100 for motor vehicle tort and general negligence. 

On October 26, 2022, the Court found that this case (case number 21STCV23329) and case number 21STCV21001 are related within the meaning of California Rules of Court, rule 3.300(a).  21STCV21001 became the lead case. The cases were assigned to Department 28 at the Spring Street Courthouse for all purposes.  The cases have not been consolidated.

On December 6, 2022, counsel informed the Court that the case had settled.  However, Plaintiffs have not filed a notice of settlement in this case. 

On January 9, 2024, Petitioner Marsha Edwards (“Petitioner”) filed a petition for expedited approval of the compromise of the action of Plaintiff La-Miyah C. Brown (“Plaintiff”). 

On January 10, 2024, the Court advised counsel that the parties could not proceed with the petition to approve the minor’s compromise until Petitioner filed, and the Court granted, a request to appoint Petitioner to serve as Plaintiff’s guardian ad litem. 

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner Marsha Edwards asks the Court to approve the compromise of Plaintiff La-Miyah C. Brown’s claims. 

LEGAL STANDARD 

“‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338; see Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) 

To obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; see Cal. Rules of Court, rule 7.950.) 

DISCUSSION      

          The Court’s records do not contain an order appointing Petitioner to serve as Plaintiff’s guardian ad litem in this case. 

          Section 13a(1) of the petition states that Plaintiff’s total medical expenses were $24,376.67.  Section 13a(2) states that, of this total amount, $19,525.03 was subject to negotiated, contractual, or statutory reductions.  This should mean that the remaining medical expenses, $4,851.64, would be paid or reimbursed from the settlement proceeds.  However, Section 13a(4) of the petition does not list any amount of medical expenses to be paid or reimbursed from the settlement proceeds.  Section 17b, on the other hand, states that $2,025.45 of the medical expenses will be paid from the settlement proceeds.  Assuming $2,025.45 should also be listed in Section 13a(4), payment of this amount would still leave $2,826.19 of medical expenses unaccounted for.  

The Court cannot approve the petition unless it shows that the minor’s compromise will reimburse all of Plaintiff’s medical expenses that have not been reduced or waived. 

The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice the petition for expedited approval of the compromise of Plaintiff La-Miyah C. Brown’s action filed by Petitioner Marsha Edwards on January 10, 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.