Judge: Lisa R. Jaskol, Case: 22STCV20526, Date: 2024-09-12 Tentative Ruling

Case Number: 22STCV20526    Hearing Date: September 12, 2024    Dept: 28

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

BACKGROUND 

On June 23, 2022, Plaintiff Ruby Moura (“Plaintiff”), by and through her guardian ad litem Kathy Moura, filed this action against Defendants Alireza Tahsini, Vanessa Zorilla, Alireza Tahsini Living Trust, Alireza Tahsini, Trustee, and Does 1-50 for premises liability and negligence. 

On July 1, 2022, the Court appointed Kathy Moura to serve as Plaintiff’s guardian ad litem. 

On September 26, 2022, Defendants Alireza Tahsini, Alireza Tahsini Living Trust, and Alireza Tahsini, Trustee filed an answer. 

On July 18, 2024, the Court dismissed Defendant Vanessa Zorilla with prejudice at Plaintiff’s request. 

On August 22, 2024, Petitioner Kathy Moura (“Petitioner”) filed a petition to approve minor’s compromise.  The petition was set for hearing on September 12, 2024.

PETITIONER’S REQUEST 

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

DISCUSSION 

The petition includes the following information: 

Gross settlement amount:                                        $225,000.00

Total medical expenses:                                            $74,708.94

Reductions:                                                              $47,082.18

Amount paid:                                                           $27,626.76

To be paid/reimbursed from proceeds:                     $36,468.82

Liens:                                                                       $25,376.76

Attorney’s fees:                                                        $75,000.00

Costs:                                                                       $13,531.18

Net settlement amount:                                             $100,000.00

 Section 12a(1) of the petition states that total medical expenses were $74,708.94.  Section 12a(3) states that this amount was subject to $47,082.18 in reductions.  This should mean that the remaining amount ($27,626.76) is to be reimbursed from the settlement proceeds.  However, Section 12a(4) states that  $36,468.82 is to be paid or reimbursed from the settlement proceeds.  This is $8,842.06 more than the difference between the total medical expenses incurred and the amount by which those medical expenses were reduced. 

Petitioner states that the amount to be paid or reimbursed from the settlement proceeds ($36,468.82) includes the following expenses:  

·       $25,376.76 - Medical lien reimbursement to Anthem Blue Cross ERISA Plan

·       $3,842.06 - Anthem Blue Cross co-pays paid by parents Bruce & Kathy Moura

·       $2,250.00 - past psychological visits with Dr. Payne paid by parents Bruce & Kathy Moura

·       $5,000.00 - 20 future psychological visits with Dr. Payne to be paid by parents Bruce & Kathy Moura

It appears that the $8,842.06 figure (above) consists of (1) $3,842.06 for Anthem Blue Cross co-pays paid by parents Bruce & Kathy Moura and (2) $5,000.00 for 20 future psychological visits with Dr. Payne to be paid by parents Bruce & Kathy Moura. 

With this understanding, the Court finds that the petition shows that all medical expenses which have not been waived or reduced will be paid or reimbursed from the settlement proceeds.  The Court grants the petition.

CONCLUSION 

The Court GRANTS the petition to approve the compromise of minor Plaintiff Ruby Moura’s action filed by Petitioner Kathy Moura on August 22, 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.