Judge: Lisa R. Jaskol, Case: 21STCV33238, Date: 2024-03-07 Tentative Ruling

Case Number: 21STCV33238    Hearing Date: March 7, 2024    Dept: 28

Having reviewed the petition for expedited approval of minor’s compromise, the Court rules as follows. 

BACKGROUND 

          On September 8, 2021, Plaintiffs Sintia Marvely Garcia Samayon (“Garcia”) and Luna Marvella Velasquez (“Luna Velasquez”) filed this action against Defendants Jose Elias Jaime (“Defendant”) and Does 1-20 for negligence. 

          On March 8, 2023, the Court dismissed the action without prejudice.  On May 25, 2023, the Court granted Plaintiffs’ motion to vacate the dismissal. 

          On July 5, 2023, Garcia filed a notice of settlement.  On September 20, 2023, the Court dismissed Garcia’s action with prejudice at Garcia’s request. 

          On February 5, 2024, Petitioner Jose Velasquez (“Petitioner”) filed a petition for expedited approval of the compromise of the claims of minor Luna Velasquez (“Claimant”). 

PETITIONER’S REQUEST 

          Petitioner asks the Court for expedited approval of the compromise of Claimant’s action. 

DISCUSSION 

PROPOSED SETTLEMENT AMOUNT: $7,000.00 

INJURIES: Speech delay and other specified trauma and stressor related disorder 

TOTAL MEDICAL EXPENSES: information not provided 

COSTS: $585.85 

ATTORNEY’S FEES: The petition requests both $1,154.73 and $1,750.00 

BALANCE OF PROCEEDS: unclear 

Section 13a of the petition lists no medical expenses, reductions, amounts to be paid or reimbursed from the settlement proceeds, or liens.  However, Section 13c(2) states that Medi-Cal paid some or all of Claimant’s medical expenses and will accept $154.73 to satisfy its lien rights.  Section 17b of the petition states that $1,154.73 in medical expenses will be paid from the proceeds of the settlement.  The petition does not explain the basis for the $1,154.73 amount.  Petitioner should modify the petition to include the requested amounts in Section 13a and provide information supporting the amounts listed. 

In Section 14a of the petition, Petitioner requests $1,154.73 in attorney’s fees.  However, Section 17c of the petition requests $1,750.00 in attorney’s fees.  Petitioner should modify the petition to make the requests consistent. 

Section 19b(2) of the petition states that $3,509.42 will be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the court.  It also states that the name, branch, and address of each depository are specified in Attachment 19b(2).  The petition does not include Attachment 19b(2). 

CONCLUSION 

          The Court DENIES the petition for expedited approval of the compromise of minor Luna Marvella Velasquez’s action filed by Petitioner Jose Velasquez on February 5, 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.