Judge: Lisa R. Jaskol, Case: 22STCV25896, Date: 2025-05-05 Tentative Ruling

Case Number: 22STCV25896    Hearing Date: May 5, 2025    Dept: 28

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

BACKGROUND 

On August 10, 2022, Plaintiff Collin Rollins, guardian ad litem for Noah Rollins, a minor (“Plaintiff”) filed this action against Defendants Everbrook Academy, LLC (“Defendant”) and Does 1-10 for general negligence and premises liability. 

On August 15, 2022, the Court appointed Collin Rollins to serve as Plaintiff’s guardian ad litem. 

On September 25, 2023, the Court struck the punitive damages request for Plaintiff’s complaint based on the parties’ stipulation. 

On September 26, 2023, Defendant filed an answer. 

On November 19, 2024, Plaintiff filed a notice of settlement. 

On February 27, 2025, Petitioner Collin Rollins (“Petitioner”) filed a petition for expedited approval of the compromise of Plaintiff’s claims. 

PETITIONER’S REQUEST 

Petitioner asks the Court to grant the petition for expedited approval of the claims of minor Plaintiff Noah Rollins. 

DISCUSSION 

Petitioner should check one of the boxes in Section 3g of the petition. 

Section 13a(1) of the petition states that total medical expenses were $798.60.  However, Petitioner has not attached the medical records or medical bills reflecting the medical treatment Plaintiff received.  The Court cannot approve a petition unless it shows that all medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

Section 13a(2) of the petition states that none of the medical expenses were paid.  However, Sections 13e and 15b(1) of the petition state that Petitioner paid $798.60 of the medical expenses.  The responses should be consistent. 

Section 13a(4) of the petition states that none of the medical expenses will be paid or reimbursed from the settlement proceeds.  However, Sections 13e and 15b(1) of the petition state that Petitioner’s payment of $798.60 of the medical expenses is to be reimbursed and Section 17b shows that $798.60 of the medical expenses are to be paid from the settlement proceeds. 

Section 19b(2) of the petition requires Petitioner to list the name, branch, and address of each depository which will receive settlement proceeds in Attachment 19b(2).  The petition does not include this attachment. 

CONCLUSION 

The Court DENIES without prejudice Petitioner Collin Rollins’s petition for expedited approval of the compromise of minor Plaintiff Noah Rollins's claims filed on February 27, 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.