Judge: Lisa R. Jaskol, Case: 22STCV27823, Date: 2024-06-14 Tentative Ruling

Case Number: 22STCV27823    Hearing Date: June 14, 2024    Dept: 28

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

BACKGROUND 

On August 26, 2022, Plaintiffs Victor Manuel Perez, Veronica Esther Perez, Mason Manuel Perez, a minor by and through his guardian ad litem Veronica Esther Perez, and Jaxon Andy Perez, a minor by and through his guardian ad litem Veronica Esther Perez, filed this action against Defendants Andrea Michelle Sidman and Does 1-50 for motor vehicle tort and general negligence. 

On February 1, 2024, Plaintiffs filed a notice of settlement.

On May 2, 2024, Petitioner Veronica Perez (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff Mason Perez’s claims. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of Plaintiff Mason Perez. 

DISCUSSION 

The petition contains the following information about the proposed settlement: 

Gross settlement amount:                              $8,000.00

Total medical expenses:                                 $25,588.36

Reductions:                                                    $20,198.00

Payment/reimbursement from proceeds:        $2,941.49

Attorney’s fees:                                             $2,000.00

Non-medical costs:                                        $273.50

Net balance:                                                   $2,785.01

 Section 12a(1) of the petition states that total medical expenses were $25,588.36.  Section 12a(3) of the petition states that this amount was reduced by $20,198.00 as the result of negotiated, contractual, and statutory reductions.  This should mean that the remaining $5,390.36 will be paid or reimbursed from the settlement proceeds.  However, Section 12a(4) of the petition states that only $2,941.49 of the medical expenses will be paid or reimbursed from the settlement proceeds.  As a result, $2,448.87 of the medical expenses are unaccounted for.  The Court cannot grant a petition to approve a minor’s compromise unless it shows that all medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Mason Perez’s action filed by Petitioner Veronica Perez on May 2, 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.