Judge: Lisa R. Jaskol, Case: 21STCV37761, Date: 2024-07-11 Tentative Ruling

Case Number: 21STCV37761    Hearing Date: July 11, 2024    Dept: 28

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

BACKGROUND 

On October 12, 2021, Plaintiffs Brittany Terry, Rosa Bautista, and Rafael Gomez, through his guardian ad litem Brittany Terry, filed this action against Defendants Round Trip Transportation, Inc., Antonio Rodriguez, and Does 1-25 for motor vehicle tort. 

On November 3, 2021, the Court appointed Brittany Terry to serve as guardian ad litem for Plaintiff Rafael Gomez. 

On November 23, 2022, Defendants Roundtrip Transportation, Inc. and Antonio Rodriguez filed an answer. 

On January 24, 2024, Plaintiffs filed a notice of settlement. 

On May 2, 2024, Petitioner Brittany Terry (“Petitioner”) filed a petition for expedited approval of the compromise of Plaintiff Rafael Gomez’s action. 

PETITIONER’S REQUEST 

Petitioner asks the Court for expedited approval of the compromise of the action of minor Plaintiff Rafael Gomez (“Plaintiff”). 

DISCUSSION 

A.   The petition 

Sections 8 and 13a(1) of the petition state that Plaintiff incurred $30.00 in medical expenses for a well child check-up by pediatrician Nasir Tejani, M.D. on October 31, 2019.  Section 13a(4) of the petition states that this amount will be paid or reimbursed from the settlement proceeds.  However, Section 17 of the petition does not include $30.00 in the amounts being deducted from the gross settlement amount to calculate the net amount available to Plaintiff.  Instead, Section 17b states that no medical expenses will be paid from the settlement proceeds.  Petitioner should revise the petition to correct these inconsistencies.  Petitioner should also revise the net settlement figure if appropriate. 

Section 14a of the petition does not list the amount of attorney’s fees being requested.  Section 17c of the petition states that attorney’s fees are $150.00, which is 30% of the $500.00 gross settlement amount.  The attached attorney declaration, however, states that counsel is requesting 25% of the gross settlement amount. (Esfandi dec. pp. 1-2.)  25% of $500.00 is $125.00.  Petitioner should revise the petition to correct these inconsistencies. 

The petition does not include an Attachment 19b(4) which provides the name and address of the parent to whom the net settlement amount is to be paid or delivered on the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.  (See Petition, Section 19b(4).) 

B.   The proposed order 

Petitioner should revise Section 8 of the proposed order to be consistent with the revisions to the petition. 

CONCLUSION 

The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff Rafael Gomez’s action filed by Petitioner Brittany Terry on May 2, 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.