Judge: Lisa R. Jaskol, Case: 22STCV10033, Date: 2024-01-31 Tentative Ruling

Case Number: 22STCV10033    Hearing Date: January 31, 2024    Dept: 28

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND 

On March 23, 2022, Plaintiff Elena Sanchez Galvez (“Plaintiff”) by and through her guardian ad litem Hector Ramos filed this action against Defendants Iraj Fakhroo (“Defendant”) and Does 1-50 for motor vehicle tort and general negligence. 

On August 23, 2022, Defendant filed an answer. 

On May 22, 2023, Plaintiff filed a notice of settlement. 

On November 3, 2023, Petitioner Hector Ramos (“Petitioner”) filed a petition to approve the compromise of Plaintiff’s pending action.  

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of Plaintiff’s action. 

LEGAL STANDARD 

The parties to a lawsuit may settle a minor’s claim or the claim of a person who lacks the capacity to make decisions only with court approval.  (Prob. Code., §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337.) 

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court, rules 7.950, 7.951 and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant. (Cal. Rules of Court, rule 7.950.) 

The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952.) 

DISCUSSION 

Section 12a(1) of the petition states that Plaintiff's medical expenses totaled $649,862.29.  Section 12a(3) of the petition states that the total amount of medical expenses has been reduced by $12,998.14 as the result of negotiated, statutory, or contractual reductions.  The petition includes a letter from the Centers for Medicare and Medicaid Services documenting the $12,998.14 reduction. 

Sections 12a(2) and 12b(2) of the petition state that private health insurance or a self-funded plan paid $621,636.76 of the medical expenses and the plan does not request reimbursement.  However, the Court could not locate any letter or other document from a private health insurance company or self-funded plan agreeing to waive its right to reimbursement of $621,636.76 from the settlement proceeds.  Petitioner should include this documentation in the petition and/or direct the Court’s attention to where it is contained in the petition. 

In addition, the petition does not include the attorney-client retainer agreement.  The petition includes only an addendum to the agreement. 

The Court denies the petition without prejudice. 

CONCLUSION 

          The Court DENIES without prejudice the petition to compromise the claims of Plaintiff Elena Sanchez Galvez filed by Petitioner Hector Ramos on November 3, 2023.

Order to Show Cause Re: Dismissal (Settlement) is continued to 4/23/2024, at 8:30 a.m. in Department 28, Spring Street Courthouse.

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.