Judge: Lisa R. Jaskol, Case: 22STCV27823, Date: 2025-04-17 Tentative Ruling

Case Number: 22STCV27823    Hearing Date: April 17, 2025    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 February 21, 2025, an unnamed Petitioner (presumably Veronica Perez) filed a petition to approve the compromise of minor Plaintiff Mason Perez’s claims. 

PETITIONER’S REQUEST 

Petitioner asks the Court to grant the petition to approve the compromise of Plaintiff Mason Perez’s claims. 

DISCUSSION 

A.   Medical expenses 

Section 12a(1) of the petition states that total medical expenses were $26,509.36.  Section 12a(3) of the petition states that this amount was reduced by $2,941.49.  This should mean that the remaining amount of medical expenses ($23,567.87) will be paid or reimbursed from the settlement proceeds.  However, Section 12a(4) of the petition states that only $2,466.52 of the medical expenses will be paid or reimbursed from the settlement proceeds.  This leaves $21,121.35 of the medical expenses which have not been reduced and will not be paid or reimbursed from the settlement proceeds. 

Section 12a(2) of the petition states that $23,567.87 of the medical expenses were paid.  However, Section 12b lists only Medi-Cal’s payment of $659.96 of the medical expenses.  Section 12b state that Petitioner, private insurance, a self-funded plan, and Medicare paid none of the medical expenses.  Petitioner should explain who paid the portion of the medical expenses that Medi-Cal did not pay.  Petitioner should also explain whether the person or entity who paid these medical expenses has agreed to waive the right to be reimbursed from the settlement proceeds for this payment.

The Court cannot approve a petition unless it shows that all of the medical expenses that have not been waived or reduced will be paid or reimbursed out of the settlement proceeds.  

B.   Liens 

Section 12a(5) of the petition states that statutory or contractual liens total $494.97.  However, Section 12b(5)(a)(ii) lists $2,941.49 in contractual or statutory liens.  Petitioner should resolve this inconsistency. 

C.   Reduction amounts 

Section 12a(3) of the petition states that negotiated, contractual, or statutory reductions totaled $2,941.49.  However, Section 12b(5)(b) of the petition lists reduction amounts that, together, are much more than $2,941.40.  Petitioner should resolve this inconsistency. 

D.   Medical expenses to be paid or reimbursed from the settlement proceeds 

Section 12a(4) of the petition states that $2,446.52 of the medical expenses will be paid or reimbursed from the settlement proceeds.  However, Section 16b of the petition states that $2,941.49 of the medical expenses will be paid or reimbursed from the settlement proceeds.  Petitioner should resolve this inconsistency. 

E.   Total medical expenses 

Section 12a(1) of the petition states that total medical expenses were $26,509.36.  However, Attachment 11b(6) states that total medical expenses were $25,588.36.  Petitioner should resolve this inconsistency. 

F.    Petitioner 

The Petitioner’s name is not listed in Section 1 of the petition. 

The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice Petitioner Veronica Perez’s petition for approval of the compromise of Plaintiff Mason Perez’s claims filed on February 21, 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.