Judge: Lisa R. Jaskol, Case: 22STCV16957, Date: 2024-04-09 Tentative Ruling
Case Number: 22STCV16957 Hearing Date: April 9, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On May 23, 2022, Plaintiff Gianni Ortu (“Plaintiff”), by his guardian ad litem Nataliya Ortu, filed this action against Defendants Alba Sierra (“Defendant”) and Does 1-10 for motor vehicle negligence.
On October 10, 2022, Defendant filed an answer.
On February 23, 2024, Petitioner Nataliya Ortu (“Petitioner”) filed a petition to approve the compromise of Plaintiff’s action, to be heard on April 9, 2024.
Trial is currently scheduled for May 20, 2024.
PETITIONER’S REQUEST
Petitioner Nataliya Ortu asks the Court to approve the compromise of the pending action of Plaintiff Gianni Ortu.
DISCUSSION
Based on the attachments, it appears that Plaintiff’s total medical expenses were $1,057,299.75 ($1,021,199.17 for Rawlings/Kaiser plus $36,100.58 for Medi-Cal). Therefore, Section 12a(1) of the petition (total medical expenses) apparently should be $1,057,299.75, not $1,021,199.17.
Based on the attachments, the total reduction amount appears to be $1,049,662.36. (Medical expenses billed to Rawlings of $1,021,199.17 minus reimbursement of $5,500 comes to $1,015,699.17 in reductions. For Medi-Cal, payments $36,100.58 minus reimbursement of $2,137.39 comes to $33,963.19 in reductions. Together, the reduction amounts ($1,015,699.17 plus $33,963.19) come to $1,049,662.36.) Therefore, Section 12a(3) of the petition (amount of negotiated, statutory, and contractual reductions) apparently should be $1,049,662.36, not $1,013,561.78.
The difference between the total medical expenses ($1,057,299.75) and the total reduction amount ($1,049,662.36) is $7,637.39, the amount to be paid or reimbursed from the settlement proceeds. Therefore, Section 12a(4) of the petition, which lists $7,637.39 as the total medical expenses to be paid or reimbursed from the settlement proceeds, appears to be correct. Section 12a(5), the lien amount, also appears to be correct.
Section 12a(2) of the petition (medical expenses paid) apparently should be $826,578.68, not $790,478.10. ($790,478.10 paid by the plan plus $36,100.58 paid by Medi-Cal). Section 12b(4) (amount paid by Medi-Cal) should be $36,100.58, not $38,100.58 based on the letter from the Department of Health Care Services.
The figure in Section 12b(2)(f)(ii)(B) apparently should be $784,978.10, not $5,500.00 (the amount of the reduction from the plan’s payment of $790,478.10 to the $5,500.00 amount it will accept as reimbursement). $5,500.00 should be entered in the last line of 12b(2)(f), which asks for the amount of total reimbursement to the plan.
Petitioner must submit a proposed order along with a revised petition.
CONCLUSION
Petitioner is ordered to give notice of the ruling.
Petitioner is ordered to file the proof of service of the ruling with the Court within five days.