Judge: Lisa R. Jaskol, Case: 22STCV26479, Date: 2024-11-15 Tentative Ruling

Case Number: 22STCV26479    Hearing Date: November 15, 2024    Dept: 28

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

BACKGROUND 

On August 16, 2022, Plaintiff Oryyana Gordon (“Plaintiff”), a minor, by and through her guardian ad litem Sylvia Smith, filed this action against Defendants Vermont Place Development Co. (“Defendant”) and Does 1-50 for general negligence and premises liability. 

On August 18, 2022, the Court appointed Sylvia Smith to serve as Plaintiff’s guardian ad litem. 

On July 10, 2023, Defendant filed an answer. 

On January 12, 2024, Plaintiff filed a notice of settlement. 

On September 16, 2024, Petitioner Sylvia Smith (“Petitioner”) filed an amended petition for expedited approval of the compromise of Plaintiff’s case.  

PETITIONER’S REQUEST 

Petitioner Sylvia Smith asks the Court for expedited approval of the compromise of the pending action of minor Plaintiff Oryyana Gordon. 

DISCUSSION 

The petition contains the following information: 

Gross settlement amount:                    $2,500.00

Total medical expenses:                       $2,013.56 

Medical expenses paid:                        $165.17

Reductions:                                          $92.61

To be paid etc. from proceeds:             $72.56

Liens:                                                   (not listed)

Attorney’s fees:                                   $885.17 or $625.00

Costs:                                                   $885.17

Net balance:                                         $917.27 or $3,852.41

 The petition does not include Petitioner’s name in Section 1 of the petition.  The petition does not include Plaintiff's name in Section 2 of the petition.  The petition should include this information.  

Section 13a(1) of the petition states that total medical expenses are $2,013.56.  Section 13a(3) of the petition states that the total medical expenses were reduced by $92.61.  This should mean that the remaining amount ($1,920.95) will be paid or reimbursed from the settlement proceeds.  However, Section 13a(4) of the petition states that only $72.56 of the medical expenses will be paid or reimbursed from the settlement proceeds.  As a result, $1,848.39 of the medical expenses remain unaccounted for. 

Section 13a(5) does not list any liens.  The lien amount should be the same as the amount to be paid or reimbursed from the settlement proceeds.  Here, the Department of Healthcare Services has agreed to accept $72.56 to satisfy its Medi-Cal lien.  It is unclear if additional liens exist in light of the medical expenses that remain unaccounted for. 

Section 14a of the petition states that attorney’s fees are $885.17.  However, Section 17c of the petition states that attorney’s fees are $625.00.  The figures should be consistent. 

Section 14b of the petition states that “Attorney Costs” are $885.17.  Petitioner should explain how she calculated these costs. 

Section 17f of the petition lists the net balance as $917.27.  Section 19b(2) of the petition states that $3,852.41 is to be deposited in an insured account.  The figures should be consistent. 

The Court denies the petition. 

CONCLUSION 

The Court DENIES the petition for expedited approval of the compromise of minor Plaintiff Oryyana Gordon’s action filed by Petitioner Sylvia Smith on September 16, 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.