Judge: Lisa R. Jaskol, Case: 21STCV40047, Date: 2024-07-05 Tentative Ruling
Case Number: 21STCV40047 Hearing Date: July 5, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On November 1, 2021, Plaintiffs Pablo Quezada Santoyo, Maria Torres Lopez, Ashley Lopez, a minor, and Erik Quezada, a minor, by and through their guardian ad litem Maria Torres Lopez, filed this action against Defendants Yihe Qi and Does 1-50 for motor vehicle tort and general negligence.
On February 22, 2022, the Court appointed Maria Torres Lopez to serve as Plaintiff Erik Quezada’s guardian ad litem.
On December 21, 2023, Plaintiffs filed a notice of settlement.
On June 13, 2024, Petitioner filed a petition for expedited approval of the compromise of minor Plaintiff Ashley Torres’s action.
PETITIONER’S REQUESTS
Petitioner asks the Court for expedited approval of the compromises of the actions of minor Plaintiffs Eric Quezada and Ashley Torres.
DISCUSSION
A. Petition for expedited approval of the compromise of Plaintiff Eric Quezada’s action
The Court finds that the petition for expedited approval of the compromise of minor Plaintiff Eric Quezada’s claims is complete and contains all necessary information. The Court grants the petition and orders that the net settlement amount of $615.34 be paid or delivered to Maria Torres Lopez at 5678 Shull Street, Space 36, Bell, California 90201 on the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.
B. Petition for expedited approval of the compromise of Plaintiff Ashley Torres’s action
Section 13a(1) of the petition for expedited approval of the compromise of minor Plaintiff Ashley Torres's action states that total medical expenses were $7,197.00. Section 13a(3) of the petition states that this amount was reduced by $3,782.66 as the result of negotiated, contractual, and statutory reductions. This should mean that $3,414.34 (the difference between the total medical expenses and the amount of reductions) will be paid or reimbursed from the settlement proceeds. However, Section 13a(4) of the petition states that only $3,250.00 of the medical expenses will be paid or reimbursed from the settlement proceeds. As a result, $164.34 of the medical expenses are unaccounted for. The Court cannot grant a petition to approve a minor’s compromise unless it shows that all medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds.
The Court denies the petition for expedited approval of the compromise of minor Plaintiff Ashley Torres’s claims without prejudice.
CONCLUSION
The Court GRANTS the petition for expedited approval of the compromise of minor Plaintiff Eric Quezada’s action filed by Petitioner Maria Torres Lopez on June 4, 2024. The Court orders the net settlement amount of $615.34 to be paid or delivered to Maria Torres Lopez at 5678 Shull Street, Space 36, Bell, California 90201 on the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.
The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff Ashley Torres’s action filed by Petitioner Maria Torres Lopez on June 13, 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.