Judge: Lisa R. Jaskol, Case: 22STCV28368, Date: 2025-01-15 Tentative Ruling

Case Number: 22STCV28368    Hearing Date: January 15, 2025    Dept: 28

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

BACKGROUND 

On August 31, 2022, Plaintiffs Joanna Navarro (“Navarro”) and Jennifer Llerenas (“Llerenas”), a minor, by and through her guardian ad litem Jaonna [sic] Navarro, filed this action against Defendants Los Angeles Department of Water and Power, City of Los Angeles, and Does 1-100 for general negligence, premises liability, and dangerous condition of public property. 

On September 6, 2022, the Court appointed Joanna Navarro to serve as Llerenas’s guardian ad litem. 

On April 14 ,2023, Defendants City of Los Angeles and City of Los Angeles acting by and through the Los Angeles Department of Water and Power (“Defendants”) filed an answer. 

On August 13, 2024, Plaintiffs filed a notice of settlement. 

On November 15, 2024, Petitioner Joanna Navarro (“Petitioner”) filed a petition to approve the compromise of Llerenas’s claims.  The petition was set for hearing on December 9, 2024. The Court continued the hearing to January 15, 2025. 

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Jennifer Llerenas. 

DISCUSSION 

          The petition states the following: 

Gross settlement:                                            $5,000.00

Total medical expenses:                                 $1,915.00

Medical expenses paid:                                  $347.49 (Medi-Cal)

Reductions:                                                    $66.62

To be paid/reimbursed from proceeds:           $280.87 (to DHCS)

Liens:                                                             $280.87 (DHCS)

Attorney’s fees:                                             $1,250.00

Costs:                                                             $32.60

Net balance:                                                   $3,426.53

  Section 12a(1) of the petition states that total medical expenses were $1,915.00.  Section 12a(3) of the petition states that this amount was reduced by $66.62.  This should mean that the remaining medical expenses ($1,848.38) will be paid or reimbursed from the settlement proceeds.  However, Section 12a(4) of the petition states that only $280.87 will be paid or reimbursed from the settlement proceeds.  As a result, $1,567.51 of the medical expenses are unaccounted for.  The Court cannot approve a petition unless it shows that all medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

Petitioner should determine whether the medical provider(s) that charged $1,915.00 reduced or waived more than $66.62 of those expenses.  For example, an attachment to the petition states that the total bill from Providence Holy Cross was $1,915.00 and Medi-Cal “paid $374.49 in full payment of those services.”  If Providence Holy Cross reduced its charges from $1,915.00 to $374.49 as the attachment suggests, then the difference between these figures ($1,540.51) should be included in the reduction amount listed in Section 12a(3) of the petition. 

The same attachment states that Medi-Cal “agreed to a $93.62 reduction in the amount it paid.”  However, Section 12a(3) of the petition lists the reduction amount as $66.62.  The figures should be consistent. 

Petitioner has asked that the net settlement funds be deposited in a financial institution in Arizona.  However, the funds must be deposited in a financial institution in California.  Petitioner should provide an address for an appropriate financial institution in California. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Jennifer Llerenas’s claims filed by Petitioner Joanna Navarro on November 15, 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.