Judge: Lisa R. Jaskol, Case: 22STCV28751, Date: 2025-02-27 Tentative Ruling

Case Number: 22STCV28751    Hearing Date: February 27, 2025    Dept: 28

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

BACKGROUND 

On September 2, 2022, Plaintiff George Andreev (“Plaintiff”), a minor by and through his guardian ad litem Elena Andreeva, filed this action against Defendants Avanthi Abrego (“Abrego”), Warner Center Summit Ltd. (“Warner”), and Does 1-20 for negligence and contractual third-party beneficiary. 

On September 26, 2022, the Court appointed Elena Andreeva to serve as Plaintiff’s guardian ad litem. 

On December 14, 2022, Abrego filed an answer. 

On February 3, 2023, the Court sustained Warner’s demurrer to the second cause of action in Plaintiff’s complaint with leave to amend. 

On March 2, 2023, Plaintiff, by and through his guardian ad litem Elena Andreeva, filed a first amended complaint against Abrego, Warner, GHP Management Corporation (“GHP”), and Does 1-20 for negligence.  On April 18, 2023, Abrego filed an answer to the first amended complaint. 

On March 23, 2023, Warner and GHP filed an answer to the first amended complaint and filed a cross-complaint against Cross-Defendants Abrego and Roes 1-20 for implied equitable indemnity and express indemnity.  On April 11, 2023, Abrego filed an answer to the cross-complaint. 

On September 19, 2024, Plaintiff filed a notice of settlement.  On October 2, 2024, Warner filed a notice of settlement. 

On December 6, 2024, Petitioner Elena Andreeva (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff’s claims.  The petition was set for hearing on January 10, 2025.  The Court continued the hearing to February 27, 2025. 

PETITIONER’S REQUEST 

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

DISCUSSION 

Petitioner has not filled out Sections 9, 12b(5)(a), 12b(5)(b), and 14 of the petition. 

Section 12a(1) of the petition states that total medical expenses were $3,052.00.  Section 12a(2) of the petition states that $3,052.00 of the medical expenses were paid.  However, Petitioner has not filled out Sections 12a(3), 12a(4), and 12a(5) of the petition. 

Section 12b(2) of the petition states that “private health insurance or a self-funded plan” paid $3,052.00 in medical expenses and is not requesting reimbursement.  However, Petitioner has not checked any of the boxes in Section 12b(2) which would indicate whether the medical expenses were paid by (a) an Employee Retirement Income Security Act (ERISA) insured plan, (b) an ERISA self-funded plan, (c) a non-ERISA insured plan, or (d) a non-ERISA self-funded plan.  Petitioner has not provided any documents or other evidence showing that a “private health insurance or a self-funded plan” paid $3,052.00 in medical expenses and waived its right to be reimbursed from the settlement proceeds. 

Similarly, Petitioner has provided no medical records, medical bills, or other evidence showing the identity of the medical providers, the amount of medical expenses incurred, any amounts for which reimbursement was waived, adjusted, or reduced, or any amounts still owed. 

  The Court cannot grant a petition to approve a minor’s compromise unless it shows that all of the medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

CONCLUSION 

The Court DENIES without prejudice Petitioner Elena Andreeva’s petition to approve the compromise of minor Plaintiff George Andreev’s claims filed on December 6, 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.