Judge: Lisa R. Jaskol, Case: 21STCV45548, Date: 2025-06-12 Tentative Ruling
Case Number: 21STCV45548 Hearing Date: June 12, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On December 14, 2021, Plaintiffs Jace Cusi, a minor, by and through his guardian ad litem Sheila Cusi, John Cusi, Sheila Cusi, and Josh Cusi, a minor, by and through his guardian ad litem Sheila Cusi, filed this action against Defendants Fluidfreeride LLC, L.A. E Bikes, and Does 1-50 for strict product liability, negligence, loss of consortium, and negligent infliction of emotional distress.
On December 27, 2021, the Court appointed Sheilia Cusi to serve as guardian ad litem for minor Plaintiffs Josh Cusi and Jace Cusi.
On May 18, 2022, Defendant Fluidfreeride LLC filed an answer.
On January 3, 2024, Plaintiffs filed a notice of settlement.
On March 7, 2025, Petitioner Sheila Cusi (“Petitioner”) filed a petition for expedited approval of the compromise of Plaintiff Jace Cusi’s claims.
On March 10, 2025, Petitioner filed a petition for expedited approval of the compromise of minor Plaintiff Josh Cusi’s claims.
PETITIONER’S REQUESTS
Petitioner asks the Court for expedited approval of the compromise of the claims of minor Plaintiffs Jace Cusi and Josh Cusi.
DISCUSSION
A. Jace Cusi
Section 13a(1) of the petition states that total medical expenses, before reductions, were $88.21. Section 13a(2) states that $88.21 of the medical expenses were paid. Section 13a(3) states that none of the medical expenses were subject to reduction. However, the attached medical records appear to show that medical expenses incurred and paid exceeded these amounts and that the medical expenses were subject to reduction. Petitioner should revise the petition to reflect the actual medical expenses incurred, medical expenses paid, medical expenses subject to reduction, and medical expenses to be paid or reimbursed from the settlement proceeds.
The Court denies the petition without prejudice.
B. Josh Cusi
Most of the medical records attached to the application for Josh Cusi appear to be Jace Cusi’s medical records.
In addition, Section 16 of the petition states that the net settlement amount is $3,500.00. However, this is the gross settlement amount.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff Jace Cusi’s claims filed by Petitioner Sheila Cusi on March 7, 2025.
The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff Josh Cusi’s claims filed by Petitioner Sheila Cusi on March 10, 2025.
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.