Judge: Lisa R. Jaskol, Case: 21STCV39388, Date: 2024-01-23 Tentative Ruling

Case Number: 21STCV39388    Hearing Date: January 23, 2024    Dept: 28

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

BACKGROUND 

On October 26, 2021, Plaintiffs Elia Morales, Jose Saenz, Sonia Morales Martinez, and Leonel Curiel, a minor, appearing by and through his guardian ad litem Sonia Morales Martinez, filed this action against Defendants Dong Jin Chu (“Chu”), DJC Transportation, Inc. (“DJC”), and Does 1-25 for negligence. 

On December 2, 2021, Defendants Chu and DJC filed an answer. 

On June 27, 2022, the Court found that this case (21STCV39388) and case number 21STCV45209 are related within the meaning of California Rules of Court, rule 3.300(a).  Case number 21STCV39388 became the lead case.  The cases were assigned to Department 28 of the Spring Street Courthouse for all purposes. 

On December 18, 2023, Petitioner submitted a petition for approval of minor’s compromise to be heard on January 23, 2024. 

PETITIONER’S REQUEST 

Petitioner Sonia Morales Martinez (“Petitioner”) asks the Court to approve the compromise of the pending action of Leonel Curiel. 

DISCUSSION 

Section 12a(1) of the petition states that medical expenses totaled $891.00.  Section 12a(3) of the petition states that the total amount of medical expenses has been reduced by $534.60 as the result of negotiated, statutory, or contractual reductions.  This should mean that the remaining amount ($356.40) will be paid or reimbursed from the settlement proceeds.  However, Section 12a(4) of the petition states that none of the medical expenses will be paid or reimbursed from the settlement proceeds.  While Section 12a(2) of the petition states that $356.40 of the medical expenses were paid, the petition does not state who paid those expenses or whether the person or entity who paid those expenses has waived the right to be reimbursed from the settlement proceeds.  The Court cannot approve a petition unless it reimburses all medical expenses that have not been waived or reduced. 

The Court denies the petition. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of Plaintiff Leonel Curiel’s claims filed by Petitioner Sonia Morales Martinez.

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.