Judge: Lisa R. Jaskol, Case: 22STCV28221, Date: 2024-06-03 Tentative Ruling
Case Number: 22STCV28221 Hearing Date: June 3, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On August 30, 2022, Plaintiffs Paul Culver, Landon Culver, a minor by and through his guardian ad litem Paul Culver, and Katrina Culver, a minor by and through her guardian ad litem Paul Culver, filed this action against Defendants Karina Del Carmen Hussey (“Defendant”) and Does 1-50 for motor vehicle tort and general negligence.
On September 6, 2022, the Court appointed Paul Culver to serve as guardian ad litem for Plaintiffs Katrina Culver and Landon Culver.
On January 24, 2024, Defendant filed an answer.
On April 24, 2024, Petitioner Paul Culver filed petitions for expedited approval of minor’s compromises.
Trial is currently scheduled for July 8, 2024.
PETITIONER’S REQUESTS
LEGAL STANDARD
“‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338; see Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)
To obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; see Cal. Rules of Court, rule 7.950.)
DISCUSSION
A. Katrina Culver
The petition states the following:
Gross settlement amount: $7,131.00
Attorney’s fees: $1,782.75
Total medical expenses: $41,702.76
Negotiated, contractual, and statutory reductions: $40,262.76
Amount of medical expenses paid: $1,440.00
Amount to be paid/reimbursed from proceeds: $1,440.00
Non-medical expenses: $1,098.68
Net settlement amount: $2,809.57
Section 12b(1) of the petition states that the total amount offered to others is $82,131.00. However, Section 12b(3) lists amounts paid to others that total $95,000.00. Petitioner should modify one or both of the figures to make them consistent or explain why the figures are different.
Section 14b of the petition lists “Attorney Cost” of $1,098.68. Petitioner should provide a breakdown of these costs and supporting documentation.
Based on Sections 13a(2), 13b(1), 13c(1), and 13g(2), it appears that private insurance paid $1,440.00 of Katrina Culver’s medical expenses. However, Petitioner did not fill out Section 13d of the petition, which asks (1) whether the claimant’s health plan is asking for reimbursement of medical expenses paid under the plan and (2) what amount the health plan is requesting to satisfy its lien rights. At pages 754-755 of the 765-page attachment, Petitioner has provided a November 30, 2022 letter from The Rawlings Company and a chart listing medical expenses which Kaiser Foundation Health Plan, Inc., paid on behalf of Katrina Culver. The chart shows a “Bill Amount” of $2,731.00, “Benefits Provided” of $1,440.00, and “Remaining Amount” of $1,440.00. If appropriate, Petitioner should include the information contained in the November 30, 2022 letter from The Rawlings Company and attached chart in Section 13d of the petition.
The Court denies the petition without prejudice.
B. Landon Culver
The petition states the following:
Attorney’s fees: $5,000.00
Total medical expenses: $6,082.00
Negotiated, contractual, and statutory reductions: $4,237.00
Amount of medical expenses paid: $1,845.00
Amount to be paid/reimbursed from proceeds: $1,845.00
Non-medical expenses: $1,068.71
Net settlement amount: $12,086.29
Section 14b of the petition lists “Attorney Cost” of $1,068.71. Petitioner should provide a breakdown of these costs and supporting documentation.
Based on Sections 13a(2), 13b(1), 13c(1), and 13g(2), it appears that private insurance paid $1,845.00 of Landon Culver’s medical expenses. However, Petitioner did not fill out Section 13d of the petition, which asks (1) whether the claimant’s health plan is asking for reimbursement of medical expenses paid under the plan and (2) what amount the health plan is requesting to satisfy its lien rights. At pages 175-177 of the 187-page attachment, Petitioner has provided a November 30, 2022 letter from The Rawlings Company and a chart listing medical expenses which Kaiser Foundation Health Plan, Inc., paid on behalf of Landon Culver. The chart shows a “Bill Amount” of $4,249.00, “Benefits Provided” of $1,845.00, and “Remaining Amount” of $1,845.00. If appropriate, Petitioner should include the information contained in the November 30, 2022 letter from The Rawlings Company and attached chart in Section 13d of the petition.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice the petition for expedited approval of the compromise of Plaintiff Landon Culver’s action filed by Petitioner Paul Culver on April 24, 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.