Judge: Lisa R. Jaskol, Case: 21STCV45249, Date: 2025-01-06 Tentative Ruling
Case Number: 21STCV45249 Hearing Date: January 6, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On December 13, 2021, Plaintiffs Antonia Viara Mercado and, individually and as guardian ad litem of Jorge Luis Vasquez, a minor, and Jorge Luis Vasquez filed this action against Defendants Manuel Ignacio Escalera (“Escalera”), Stephanie J. Zavala (“Zavala”), John Batara (“Batara”), and Does 1-25 for motor vehicle tort and general negligence.
On January 12, 2022, the Court appointed Antonia Viara Mercado to serve as Plaintiff Jorge Luis Vasquez’s guardian ad litem.
On February 25, 2022, Escalera and Zavala filed an answer and a cross-complaint against Cross-Defendants Batara, Aleksander Stipicic (“Stipicic”), and Roes 1-10 for implied indemnity, total indemnity, declaratory relief, and apportionment of fault. On April 4, 2022, Batara filed an answer to the cross-complaint.
On April 4, 2022, Batara filed an answer to the complaint.
On April 7, 2022, Plaintiffs amended the complaint to include Stipicic as Doe 1.
On February 6, 2023, the Court dismissed Batara from the cross-complaint with prejudice at the request of Escalera and Zavala.
On March 14, 2023, Stipicic filed an answer to Plaintiff’s complaint.
On March 14, 2023, Stipicic filed an answer to the cross-complaint and also filed a cross-complaint against Cross-Defendants Escalera, Zavala, and Moes 1-50 for apportionment of fault and indemnification.
On July 27, 2023, the Court dismissed the cross-complaint filed by Escalera and Zavala with prejudice at their request.
On September 1, 2023, the Court dismissed Stipicic’s cross-complaint with prejudice at his request.
On February 29, 2024, Plaintiffs filed a notice of settlement.
On December 27, 2024, Petitioner Antonia Viera Mercado (“Petitioner”) filed a petition for expedited approval of minor’s compromise. The petition was set for hearing on January 6, 2025.
PETITIONER’S REQUEST
Petitioner
asks the Court to grant the petition for expedited approval of the compromise
of the claims of minor Plaintiff Jorge Luis Vasquez (“Plaintiff”).
Sections 16 and 17f of the petition state that the net settlement amount is $675.00. However, attachment 19b(4) to the petition states that the net settlement amount to be delivered to Petitioner is $1,150.00.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff Jorge Luis Vasquez’s claims filed by Petitioner Antonia Viera Mercado on December 27, 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.