Judge: Lisa R. Jaskol, Case: 21STCV40047, Date: 2024-11-20 Tentative Ruling
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Case Number: 21STCV40047 Hearing Date: November 20, 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 18, 2022, the Court appointed Maria Torres Lopez to serve as Plaintiff Ashley Lopez’s guardian ad litem. 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 September 16, 2024, Petitioner Maria Torres Lopez (“Petitioner”) filed a petition for expedited approval of the compromise of minor Plaintiff Ashley Torres’s action.
PETITIONER’S REQUEST
Petitioner
asks the Court for expedited approval of the compromise of the action of minor
Plaintiff Ashley Torres (“Plaintiff”).
DISCUSSION
The petition contains the following information:
Gross
settlement amount: $4,999.00
Total
medical expenses: $7,197.00
Medical
expenses paid: $3,249.00
Reductions: $3,947.00
To
be paid etc. from proceeds: $3,250.00
Liens: (not
stated)
Attorney’s
fees: $750.00
Costs: (not requested)
Net
balance: $1,000.00
Section 13a(2) of the petition states that $3,249.00 of the medical expenses were paid. Petitioner has attached a letter from the Department of Health Care Services showing that Medi-Cal paid $1,152.85 of the medical expenses. The petition does not explain who paid the remaining $2,096.15 in medical expenses.
Petitioner has not filled out Section 13g of the petition.
In Section 15 of the petition, Petitioner has checked the box next to Section 15a indicating that “Petitioner has paid none of the fees or expenses listed in items 13 and 14 for which reimbursement is requested.” However, Petitioner also checked the boxes next to Sections 15b(1) and 15b(2) indicating that Petitioner paid $3,249.00 in medical expenses and $750.00 in attorney’s fees and requests reimbursement for these amounts. The responses in Sections 15a and 15b of the petition are inconsistent. In addition, the statement in Section 15b(1) that Petitioner paid $3,249.00 of the medical expenses is inconsistent with the letter from the Department of Health Care Services stating that Medi-Cal paid $1,152.85 of the medical expenses (assuming, as Section 13a(2) states, that only $3,249.00 of the medical expenses were paid).
Attachment 12 to the petition states that Beverly Hospital charged $1,865.00, Bell Gardens Chiropractic charged $2,172.00, and Absolute PT & Rehab charged $3,160.00. The petition does not explain, however, how Petitioner calculated the amount to be paid or reimbursed to these medical care providers – either $3,250.00 (Section 13a(4)) or $2,249.00 (Section 17b) – from the settlement proceeds. 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 without prejudice.
CONCLUSION
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 September 16, 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.