Judge: Lisa R. Jaskol, Case: 22STCV27029, Date: 2024-07-22 Tentative Ruling
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Case Number: 22STCV27029 Hearing Date: July 22, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On August 18, 2022, Plaintiffs Stephanie Roxeanne Castanon, Valerie Roxeanne Montes, a minor by and through her guardian ad litem Jaime Montes De La Rosa, Alina Valentina Montes, a minor by and through her guardian ad litem Jaime Montes De La Rosa, Jamie Miranda Montes Castanon, a minor by and through her guardian ad litem Jaime Montes De La Rosa, and Jaime Balthazar Montes Castanon, a minor by and through his guardian ad litem Jaime Montes De La Rosa filed this action against Defendants Juan Carlos Garibay, Teresa Ornelas, and Does 1-50 for negligence, negligent entrustment, and negligence per se—Vehicle Code sections 21453 and 22350.
On August 22, 2022, the Court appointed Jaime Montes De La Rosa to serve as guardian ad litem for Plaintiffs Valerie Roxeanne Montes, Alina Valentina Montes, Jaime Balthazar Montes Castanon, and Jamie Miranda Montes Castanon.
On November 15, 2022, Defendants Juan Carlos Garibay and Teresa Ornelas filed a general denial.
On January 17, 2024, Plaintiffs filed a notice of settlement.
On May 30, 2024, Petitioner Jaime Montes De La Rosa (“Petitioner”) filed petitions for expedited approval of the compromises of the cases of minor Plaintiffs Valerie Roxeanne Montes and Alina Valentina Montes.
PETITIONER’S REQUESTS
Petitioner asks the Court to approve the compromises of the claims of minor Plaintiffs Alina Valentina Montes and Valerie Roxeanne Montes.
DISCUSSION
A. Alina Valentina Montes
According to the petition, the gross settlement amount for Plaintiff Alina Valentina Montes is $15,000.00. Out of this amount, $533.95 will be used to pay or reimburse medical expenses, including $233.95 to the Department of Health Care Services and $300.00 to Pain Management Care. In addition, $3,750.00 will be used to pay attorney’s fees and $633.40 will be used to pay for non-medical expenses. (Section 14b of the petition lists a larger figure for non-medical expenses, but an attachment to the petition clarifies that the larger figure applies to the combined expenses for all the plaintiffs.) As a result, the net settlement amount for Plaintiff Alina Valentina Montes is $10,082.65.
The Court approves the petition as described above and orders that the net settlement amount of $10,082.65 be deposited in an insured, blocked account at SchoolsFirst Federal Credit Union – West Covina Union, 332 South California Avenue, West Covina, CA 91793, (800) 462-8328, subject to withdrawal only on authorization of the Court.
B. Valerie Roxeanne Montes
According to the petition, the gross settlement amount for Plaintiff Valerie Roxeanne Montes is $7,000.00. Out of this amount, $747.99 will be used to pay or reimburse medical expenses, including $347.99 to the Department of Health Care Services and $400.00 to Pain Management Care. In addition, $1,750.00 will be used to pay attorney’s fees and $633.40 will be used to pay for non-medical expenses. (Section 14b of the petition lists a larger figure for non-medical expenses, but an attachment to the petition clarifies that the larger figure applies to the combined expenses for all the plaintiffs.) As a result, the net settlement amount for Plaintiff Valerie Roxeanne Montes is $3,868.61.
CONCLUSION
The Court GRANTS the petition to approve the compromise of minor Plaintiff Alina Valentina Montes’s action filed by Petitioner Jaime Montes De La Rosa on May 30, 2024. The Court orders that the net settlement amount of $10,082.65 be deposited in an insured, blocked account at SchoolsFirst Federal Credit Union – West Covina Union, 332 South California Avenue, West Covina, CA 91793, (800) 462-8328, subject to withdrawal only on authorization of the Court.
The Court GRANTS the petition to approve the
compromise of minor Plaintiff Valerie Roxeanne Montes’s action filed by
Petitioner Jaime Montes De La Rosa on May 30, 2024. The Court orders
that the net settlement amount of $3,868.61 be delivered to parents Stephanie
Roxeanne Castanon and Jaime Montes De La Rosa, 11222 Thienes Avenue, South El
Monte, CA 91733, on the terms and under the conditions specified in Probate
Code sections 3401-3402, without bond.
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.