Judge: Lisa R. Jaskol, Case: 22STCV29448, Date: 2025-02-27 Tentative Ruling
Case Number: 22STCV29448 Hearing Date: February 27, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On September 9, 2022, Plaintiff Khloe Lopez, by and through her guardian ad litem Jesus Lopez (“Plaintiff”), filed this action against Defendants County of Los Angeles (“County”), City of Pomona (“City”), Lori Ann Thomas, Arryianna Tomas, and Does 1-50 for negligence and premises liability.
On September 20, 2022, Plaintiff filed a first amended complaint adding a claim for dangerous condition of public property.
On October 24, 2022, the Court dismissed the County without prejudice at Plaintiff’s request.
On November 29, 2022, the City filed an answer.
On January 3, 2023, Plaintiff amended the complaint to include Defendant Maribel Vazquez (“Vazquez”) as Doe 1.
On January 17, 2023, the Court dismissed Defendants Lori Ann Thomas and Arryianna Thomas without prejudice at Plaintiff’s request.
On September 20, 2023, the clerk entered Vazquez’s default. On May 17, 2024, the Court vacated the default based on the stipulation of Plaintiff and Vasquez. On May 24, 2024, Vasquez filed an answer to Plaintiff’s first amended complaint.
On September 9, 2024, Plaintiff filed a notice of settlement.
On December 23, 2024, Petitioner Jesus Lopez filed a petition to approve the compromise of Plaintiff’s claims.
PETITIONER’S REQUEST
Petitioner asks the Court to grant the petition to approve the compromise of Plaintiff’s claims.
Section 12a(1) of the petition states that total medical expenses were $21,475.70. Section 12a(2) of the petition states that $20,207.34 of the medical expenses were paid. This should mean that the remaining amount ($1,268.36) of medical expenses will be paid or reimbursed from the settlement proceeds. However, Section 12a(4) states that only $951.27 of the medical expenses will be paid or reimbursed from the settlement proceeds. As a result, the petition does not account for $317.09 of the medical expenses.
Section 12a(2) of the petition states that Medi-Cal paid $1,268.36 of the medical expenses and will accept $951.27 as reimbursement. Petitioner should include the amount by which Medi-Cal has reduced its right to reimbursement ($317.09) in the Section 12a(3) reduction figure (if Petitioner has not already done so).
Section 12b(5)(b) of the petition states that (1) the Department of Health Care Services charged $21,475.70, (2) the Department of Health Care Services reduced those charges by $20,207.34, (3) the Department of Health Care Services was paid $1,268.36, and (4) the Department of Health Care Services will be paid $951.27 from the settlement proceeds. However, the October 10, 2024 letter from the Department of Health Care Services (attachment 12b(4)(c)) states that Medi-Cal provided $1,268.36 in benefits and has agreed to accept $951.27 to satisfy its lien. Petitioner should explain the discrepancy between the information provided in Section 12b(5)(b) of the petition, on the one hand, and the October 10, 2024 Department of Health Care Services letter, on the other hand.
Petitioner has presented no evidence (such as medical billing information or a declaration under oath) supporting the assertion that total medical expenses were $21,475.70 or the assertion that this amount was reduced by $20,207.34.
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.
Section 13b of the petition requests $6,649.66 in costs. However, the petition does not adequately describe the items listed as costs in attachment 13b.
The Court denies the petition.
CONCLUSION
The Court DENIES without prejudice Petitioner Jesus Lopez’s petition to approve the compromise of minor Plaintiff Khloe Lopez’s claims filed on December 23, 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.