Judge: Lisa R. Jaskol, Case: 22STCV27316, Date: 2025-03-21 Tentative Ruling
Case Number: 22STCV27316 Hearing Date: March 21, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On August 23, 2022, Plaintiffs Daniel Herrera, a minor by and through his guardian ad litem Marylu Martinez Garcia, Alejandra Herrera, a minor by and through her guardian ad litem Marylu Martinez Garcia, Raul Herrera, a minor by and through his guardian ad litem Marylu Martinez Garcia, and Wendy Perez filed this action against Defendants Vahan Nemkerekyan, Araksi Nemkerekyan, and Does 1-100 for strict liability for dog bite (Civ. Code, § 3342), general negligence, and negligent infliction of emotional distress.
On August 23 and 26, 2022, the Court appointed Marylu Martinez Garcia to serve as guardian ad litem for Plaintiffs Daniel Herrera, Alejandra Herrera, and Raul Herrera.
On December 27, 2022, Defendant Araksi Nemkerekyan filed an answer.
On April 11, 2023, Plaintiffs filed a notice of settlement.
On December 16, 2024, Petitioner Marylu Martinez Garcia (“Petitioner”) filed petitions to approve the compromises of the claims of minor Plaintiffs Daniel Herrera, Alejandra Herrera, and Raul Herrera. The petitions were set for hearing on February 5, 2025. The Court continued the hearings to March 21, 2025.
PETITIONER’S REQUESTS
Petitioner asks the Court to approve the compromises of the pending claims of minor Plaintiffs Daniel Herrera, Alejandra Herrera, and Raul Herrera.
DISCUSSION
A. Daniel Herrera
The Court orders that the net settlement amount of $142,723.76 be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. The terms and conditions of the annuity are specified in Attachment 18b(3) to the petition.
B. Alejandra Herrera
Petitioner has submitted a complete petition with all necessary information. The Court grants the petition to approve the compromise of minor Plaintiff Alejandra Herrera’s claims.
The Court orders that the net settlement amount of $21,794.34 be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. The terms and conditions of the annuity are specified in Attachment 18b(3) to the petition.
C. Raul Herrera
Section 12a(1), (2), and (3) of the petition state that total medical expenses were $850.03, that this amount was paid, and that this amount was the subject of negotiated, contractual or statutory reductions. Section 12a(4) states that none of the medical expenses will be paid or reimbursed from the settlement proceeds.
Consistent with Section 12a, Section 12b(4) states that Medi-Cal paid $850.03 and has agreed to accept $0.00 in reimbursement.
However,
the attached letter from the Department of Health Care Services dated May 25,
2021, states: “After reviewing our records, we have not found any Medi-Cal paid
services for this injury under the referenced name and case number.”
Petitioner should address these inconsistencies.
The Court denies the petition without prejudice.
CONCLUSION
The Court GRANTS the petition to approve the compromise of minor Plaintiff Daniel Herrera’s claims filed by Petitioner Marylu Martinez Garcia on December 16, 2024. The Court orders that the net settlement amount of $142,723.76 be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. The terms and conditions of the annuity are specified in Attachment 18b(3) to the petition.
The Court GRANTS the petition to approve the compromise of minor Plaintiff Alejandra Herrera’s claims filed by Petitioner Marylu Martinez Garcia on December 16, 2024. The Court orders that the net settlement amount of $21,794.34 be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court. The terms and conditions of the annuity are specified in Attachment 18b(3) to the petition.
The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Raul Herrera’s claims filed by Petitioner Marylu Martinez Garcia on December 16, 2024.
For Plaintiffs Daniel Herrera and Alejandra Herrera, the Court sets an OSC Re: Distribution of Net Settlement on May 21, 2025, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
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.