Judge: Lisa R. Jaskol, Case: 22STCV30964, Date: 2025-02-03 Tentative Ruling

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Case Number: 22STCV30964    Hearing Date: February 3, 2025    Dept: 28

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

BACKGROUND 

On September 21, 2022, Plaintiff Julian Campos (“Plaintiff”) filed this action against Defendants Los Angeles Unified School District (“Defendant”) and Does 1-20 for general negligence and premises liability. 

On November 1, 2022, the Court appointed Lizeth Galvez Radillo to serve as Plaintiff’s guardian ad litem. 

On January 24, 2023, Defendant filed an answer. 

On March 6, 2024, Plaintiff filed a notice of settlement. 

On November 7, 2024, Petitioner Lizeth Galvez Radillo (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff’s claims.  The petition was set for hearing on December 5, 2024.  The Court continued the hearing to February 3, 2025. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Julian Campos. 

DISCUSSION 

          Section 12a(1) of the petition states that total medical expenses were $231.44.  However, the attachments include a bill for $8,387.39 from St. Francis Medical Center.  The bill appears to show that insurance paid the bill.  The amount of this bill (and any other medical bills) should be included in Section 12a(1) of the petition, and all medical providers should be listed in Section 12b(5)(b).  Any insurance carriers that paid Plaintiff’s medical expenses should be listed in Section 12b(2). 

          In addition, Section 12a(3) of the petition states that none of the medical expenses were reduced.  However, it appears that Medi-Cal paid $231.44 of Plaintiff’s medical expenses and the Department of Health Service is asking for reimbursement of only $173.58.  This suggests that, at a minimum, Section 12a(3) should show a reduction amount of $57.86. 

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. 

The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Julian Campos’s claims filed by Petitioner Lizeth Galvez Radillo on November 7, 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.