Judge: Lisa R. Jaskol, Case: 21STCV41817, Date: 2025-02-24 Tentative Ruling
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Case Number: 21STCV41817 Hearing Date: February 24, 2025 Dept: 28
Having
considered the petitioning papers, the Court rules as follows.
BACKGROUND
On November 12, 2021, Plaintiffs Allen Quinn, Guadalupe Corona, Fuyuku Quinn, a minor, by and through her guardian ad litem Allen Quinn, and Haruko Quinn, a minor, by and through her guardian ad litem Allen Quinn, filed this action against Defendants Jessie Quimboa, Roswinda Manaquil, and Does 1-50 for motor vehicle tort and general negligence.
On November 19, 2021, the Court appointed Allen Quinn to serve as Fuyuku Quinn’s guardian ad litem. On November 23, 2021, the Court appointed Allen Quinn to serve as Haruko Quinn’s guardian ad litem.
On August 1, 2022, Defendants Jessie Quiambao and Roswinda Mananquil, erroneously sued as Jessie Quimboa and Roswinda Manaquil, filed an answer.
On November 7, 2023, Plaintiffs filed a notice of settlement.
On September 16, 2024, the Court dismissed Plaintiffs Allen Quinn and Guadalupe Corona with prejudice at Plaintiffs’ request.
On November 12, 2024, Petitioner Allen Quinn (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff Haruko Quinn’s claims. The petition was set for hearing on December 13, 2024. The Court continued the hearing to February 24, 2025.
On November 25, 2024, Petitioner filed a petition to approve the compromise of minor Plaintiff Fuyuko [sic] Quinn’s claims. The petition was set for hearing on January 7, 2025. The Court continued the hearing to February 24, 2025.
PETITIONER’S REQUESTS
Petitioner
asks the Court to approve the compromise of the pending claims of minor
Plaintiffs Haruko Quinn and Fuyuko [sic] Quinn.
DISCUSSION
Section 12a(1) of the petition states that total medical expenses were $1,026.00. Section 12a(3) of the petition states that this amount was not subject to any reduction. This should mean that the entire amount of medical expenses ($1,026.00) will be paid or reimbursed from the settlement proceeds. However, Section 12a(4) of the petition states that only $38.47 will be paid or reimbursed from the settlement proceeds. As a result, $987.53 of the medical expenses remain unaccounted for.
Similarly, Section 12b(5)(b)(i) of the petition states that LAC Olive View Medical Center/Harbor-UCLA Medical Center (1) charged $1,026.00, (2) did not reduce this amount, (3) was paid $38.47, and (4) will receive $38.47 from the settlement proceeds. Again, $987.53 of the medical expenses remain unaccounted for.
The Court cannot approve a petition to approve a minor’s compromise unless it shows that all the medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds.
Section 12b(5)(a)(ii) of the petition states that there are one or more statutory or contractual liens of medical service providers for payment of claimant’s medical expenses. However, Petitioner has not listed the total amount claimed under these liens or the amount the lienholders have agreed to accept in full satisfaction of their lien claims in the blank spaces provided in Section 12b(5)(a)(ii).
The Court denies the petition.
B. Fuyuku Quinn
The complaint and application to appoint a guardian ad litem spell the claimant’s first name “Fuyuku.” However, the petition to approve the minor’s compromise spells the claimant’s name “Fuyuko” in Section 2 and Section 21 (but spells the name “Fuyuku” in Section 4c). The proposed order approving the minor’s compromise also spells the name “Fuyuko” in Sections 3 and 8b(2). The proposed order to deposit money into a blocked account spells the name “Fuyuko” in Section 2. Petitioner should ensure that the claimant’s name is spelled correctly.
Section 12a(1) of the petition states that total medical expenses were $7,614.50. Section 12a(3) of the petition states that this amount was reduced by $2,964.38. This should mean that the remaining amount of medical expenses ($4,650.12) will be paid or reimbursed from the settlement proceeds. However, Section 12a(4) of the petition states that only $1,000.00 will be paid or reimbursed from the settlement proceeds. As a result, $3,650.12 of the medical expenses remain unaccounted for.
Section 12b(5)(b)(i) of the petition states that Harbor-UCLA Medical Center charged $7,614.50. However, while Section 12a(3) states that the medical expenses were reduced by $2,964.38, Section 12b(5)(b)(i) states that Harbor-UCLA Medical Center reduced its charges by $2,694.38. In addition, while Section 12a(2) states that $3,964.38 in medical expenses were paid, Section 12b(5)(b)(i) states that Harbor-UCLA Center was paid $3,694.38. Section 12b(5)(b)(1) states that Harbor-UCLA Medical Center will receive $1,000.00 from the settlement proceeds. Using the figures listed in Section 12b(5)(b)(i), $3,920.12 of the medical expenses remain unaccounted for.
While Section 12a(2) states that $3,964.38 of the medical expenses were paid (and Section 12b(5)(b)(ii) states that $3,694.38 of the medical expenses were paid), the petition does not show that the person or entity which paid these expenses has waived its right to be reimbursed from the settlement proceeds.
As noted, the Court cannot approve a petition to approve a minor’s compromise unless it shows that all the medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds.
Section 12b(5)(a)(ii) of the petition states that there are one or more statutory or contractual liens of medical service providers for payment of claimant’s medical expenses. However, Petitioner has not listed the total amount claimed under these liens or the amount the lienholders have agreed to accept in full satisfaction of their lien claims in the blank spaces provided in Section 12b(5)(a)(ii).
In Section 13b, Petitioner requests $538.96 in costs. Petitioner should provide a breakdown of these costs.
Section 18b(5) of the petition states that the net settlement amount is to be paid or delivered to the claimant’s parent, without bond, on the terms and under the conditions specified in Probate Code sections 3401–3402. However, Petitioner has not included an attachment which specifies the parent’s name and address and the money or other property to be delivered, as Section 18b(5) requires. In addition, Petitioner has filed a proposed order to deposit funds into a blocked account which states the net settlement amount will be placed in a federally-insured blocked account. Petitioner should clarify how the net settlement funds will be distributed.
The Court denies the petition.
CONCLUSION
The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Haruko Quinn’s claims filed by Petitioner Allen Quinn on November 12, 2024.
The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Fuyuko [sic] Quinn’s claims filed by Petitioner Allen Quinn on November 25, 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.