Judge: Lisa R. Jaskol, Case: 21STCV30906, Date: 2024-12-17 Tentative Ruling
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Case Number: 21STCV30906 Hearing Date: December 17, 2024 Dept: 28
Having considered the petitioning papers, the Court rules
as follows.
BACKGROUND
On August 20, 2021, Plaintiff Mitchell Kellam (“Mitchell Kellam”) filed this action against Defendants Kevin Ponce Garcia (“Garcia”), 5 Star Wholesale Electric Supply & Lighting, Inc. (“Star”), and Does 1-50 for motor vehicle tort, general negligence, violation of Vehicle Code section 20001, subdivision (a), and intentional infliction of emotional distress.
On May 5, 2023, the Court granted Star’s motion to strike Mitchell Kellam’s prayer for punitive damages without leave to amend. The Court ordered Star to file and serve an answer to the complaint on or before May 26, 2023.
On May 23, 2023, Star filed an answer.
On June 14, 2023, the Court granted Garcia’s motion to strike Mitchell Kellam’s claim and prayer for punitive damages without leave to amend. The Court ordered Garcia to file and serve an answer to the complaint within 20 days.
On July 3, 2023, Garcia filed an answer.
On November 1, 2023, Mitchell Kellam filed a notice of settlement.
On January 11, 2024, the Court conditionally granted Mitchell Kellam’s motion to substitute Joe Perry Kellam, a minor, by and through his guardian ad litem Annette Dolores Kellam, as successor in interest to Mitchell Kellam, deceased, in place of Plaintiff Mitchell Kellam. The Court conditioned its ruling granting the motion on appointment of a guardian ad litem for minor Joe Perry Kellam.
On May 6, 2024, the Court appointed Annette Dolores Kellam to serve as guardian ad litem for Joe Perry Kellam.
On July 8, 2024 and October 24, 2024, the Court denied petitions to approve the compromise of minor Plaintiff Joe Perry Kellam’s claims.
On November 5, 2024, Petitioner Annette Dolores Kellam (“Petitioner”) filed an amended petition to approve the compromise of minor Plaintiff Joe Perry Kellam’s claims. The amended petition was set for hearing on November 6, 2024.
On November 19, 2024, Petitioner filed another amended petition to approve the compromise of Plaintiff Joe Perry Kellam’s claims. The amended petition was set for hearing on December 3, 2024. The Court continued the hearing to December 17, 2024.
PETITIONER’S REQUEST
Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Joe Perry Kellam (“Plaintiff”).
DISCUSSION
Section 13b of the amended petition lists non-medical expenses based on payment of $50.00 to Ma Antonia Salas Garcia and $120.74 to Uber Technologies, Inc. The Court continues the hearing and orders Petitioner or her counsel to file a supplemental declaration either (1) explaining why these expenses "are reasonable, resulted from the incident or accident, and should be paid out of [Plaintiff's] share of the proceeds of the settlement" or (2) asking the Court to remove these items from the non-medical expenses listed in Section 13b of the amended petition.
CONCLUSION
The Court CONTINUES the hearing to a date to be provided at the December 17, 2024 hearing. At least five court days before the continued hearing, Petitioner Annette Dolores Kellam or her counsel is to file a supplemental declaration either (1) explaining why non-medical expenses of $50.00 for Ma Antonia Salas Garcia and $120.74 for Uber Technologies, Inc. "are reasonable, resulted from the incident or accident, and should be paid out of [Plaintiff's] share of the proceeds of the settlement" or (2) asking the Court to remove these items from the non-medical expenses listed in Section 13b of the amended petition.
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.