Judge: Lisa R. Jaskol, Case: 21STCV40043, Date: 2024-09-03 Tentative Ruling
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Case Number: 21STCV40043 Hearing Date: September 3, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On November 1, 2021, Plaintiffs Maria Martinez (“Martinez”) and Jocelyn Luna (“Luna”) filed this action against Defendants Anna Ashley Le (“Le”), Dao Hong Tran (“Tran”), and Does 1-50 for motor vehicle tort and general negligence.
On December 12, 2022, the Court appointed Martinez to serve as Luna’s guardian ad litem.
On March 10, 2023, Le and Tran (“Defendants”) filed an answer.
On October 23, 2023, Plaintiffs filed a notice of settlement.
On June 27, 2024, Petitioner Maria Martinez (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff Luna’s claim. The petition was set for hearing on July 23, 2024. The Court continued the hearing to September 3, 2024.
PETITIONER’S REQUEST
Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Jocelyn Luna.
DISCUSSION
The petition includes the following information:
Gross settlement amount: $25,000.00
Total medical expenses: $30,505.50
Reductions: $7,740.86
To be paid/reimbursed from proceeds: $1,730.86
Liens: $1,730.86
Attorney’s fees: $6,250.00
Costs: $0
Net settlement amount: $17,019.14
Section 12a(2) of the petition states that $21,033.78 of the medical expenses were paid, but the petition does not show that the person or entity that paid these expenses will be reimbursed for this payment from the settlement proceeds. The Court cannot approve a petition unless it shows that all medical expenses will be reimbursed from the settlement proceeds unless reimbursement was waived or the amount was reduced.
The Court denies the petition.
CONCLUSION
The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Jocelyn Luna’s action filed by Petitioner Maria 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.