Judge: Lisa R. Jaskol, Case: 22STCV29287, Date: 2025-03-28 Tentative Ruling
Case Number: 22STCV29287 Hearing Date: March 28, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On September 8, 2022, Plaintiff A.P. (“Plaintiff”), a minor, by and through his guardian ad litem Maria Roman, filed this action against Defendants Downey Unified School District (“District”) and Does 1-25 for vicarious liability of public employees, negligent supervision, and failure to follow mandatory duties established by law.
On September 30, 2022, the Court appointed Maria Roman to serve as Plaintiff’s guardian ad litem.
On December 8, 2022, the District filed an answer.
On February 22, 2024, the Court granted the District’s motion for leave to file a cross-complaint. On February 26, 2024, the District filed a cross-complaint against Cross-Defendants Amber Estrada (“Estrada”), Victoria Dominguez (“Dominguez”), and Roes 1-20 for total equitable indemnity, partial equitable indemnity, declaratory relief, liability of parents and guardians under Civil Code section 1714.1, and Education Code section 48904, subdivision (a)(1).
On September 17, 2024, the clerk entered Dominguez’s default on the District’s cross-complaint. On September 18, 2024, the clerk entered Estrada’s default on the District’s cross-complaint.
On October 7, 2024, Plaintiff filed a notice of settlement.
On December 4, 2024, Petitioner Maria Roman (“Petitioner”) filed a petition for expedited approval of a minor’s compromise.
PETITIONER’S REQUEST
Petitioner
asks the Court to grant the petition to approve the compromise of Plaintiff’s
claims.
Section 13a(1) states that total medical expenses were $8,068.00. Section 13a(3) states that $7,776.84 of the medical expenses were subject to reductions. Medi-Cal paid the remaining amount of medical expenses ($219.16) and has agreed to accept $218.37 as reimbursement from the settlement proceeds. (See Sections 13a(2), 13a(4), 13c(2) and attachments 13a and 13c(2).) Therefore, the petition adequately accounts for the medical expenses.
However, Section 14b of the petition requests $2,992.06 in costs for “Records Request/Court Filing Fees/Deposition Fee Law Office of Ricardo Perez.” Petitioner should list the cost items individually to allow the Court to determine if they are recoverable.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff A.P.’s claims filed by Petitioner Maria Roman on December 4, 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.