Judge: Lisa R. Jaskol, Case: 22STCV18225, Date: 2025-04-28 Tentative Ruling
Case Number: 22STCV18225 Hearing Date: April 28, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On July 22, 2022, the Court appointed Emiliano Delgado, Sr. to serve as Plaintiff Emiliano Delgado, Jr.’s guardian ad litem.
On May 9, 2023, Plaintiffs Lorena Delgado Marchan, Gabby Bahena, Jennifer Delgado, Emiliano Delgado, Jr., a minor, and Ashley Delgado, a minor, filed a first amended complaint against Defendants Cu Cong Ca and Does 1-25 for motor vehicle tort and general negligence.
On October 13, 2023, the Court appointed Emiliano Delgado, Sr. to serve as Plaintiff Ashley Delgado’s guardian ad litem.
On November 15, 2023, Defendant filed an answer to the first amended complaint.
On November 13, 2024, Plaintiffs filed a notice of settlement.
On March 21, 2025, Petitioner Emiliano Delgado, Sr. (“Petitioner”) filed a petition to approve the compromise of the claims of Plaintiff Emiliano Delgado, Jr. (“Claimant”).
PETITIONER’S REQUEST
Petitioner asks the Court to approve the compromise of Claimant’s pending action.
DISCUSSION
Section 10 of the petition states that Defendant has offered to pay Claimant $77,000.00. However, Section 16a of the petition states the gross settlement amount for Claimant is $2,000.00. It appears that $77,000.00 is the amount which Defendant has offered to pay all the plaintiffs. Petitioner should revise Section 10 of the petition to clarify the amount which Defendant has offered to pay Claimant.
In addition, Petitioner should sign the petition in Section 23 of the petition, not Section 21.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice Petitioner Emiliano Delgado, Sr.’s petition to approve the compromise of Plaintiff Emiliano Delgado, Jr.’s claims filed on March 21, 2025.
Petitioner is ordered to give notice of this ruling.