Judge: Lisa R. Jaskol, Case: 22STCV31638, Date: 2025-02-13 Tentative Ruling

Case Number: 22STCV31638    Hearing Date: February 13, 2025    Dept: 28

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

BACKGROUND 

On September 26, 2022, Plaintiffs Teresa Love -Hollis, Lamontion Harris, by and through their guardian ad litem Teresa Love-Hollis, Malaiah Harris, by and through their guardian ad litem Teresa Love-Hollis, Marcella King, and Jaylen Langford, by and through their guardian ad litem Marcella King filed this action against Defendants Asmaul Chowdhury (“Defendant”) and Does 1-100 for general negligence. 

On November 1, 2022, the Court (1) appointed Teresa Love-Hollis to serve as Plaintiff Lamontion Harris’s guardian ad litem, (2) appointed Marcella King to serve as Plaintiff Jaylen Langford’s guardian ad litem, and (3) appointed Teresa Love-Hollis to serve as Plaintiff Malaiah Harris’s guardian ad litem. 

On January 7, 2025, Marcella King (“Petitioner”) filed a petition to approve the settlement of Plaintiff Jaylen Langford’s action. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Jaylen Langford. 

DISCUSSION 

          Petitioner has not filled out Section 5 of the petition. 

          Section 12a(1) of the petition states that total medical expenses were $5,416.12.  Section 12a(3) of the petition states that this amount was reduced by $1,550.00.  This should mean that the remaining amount ($3,866.12) will be paid or reimbursed from the settlement proceeds.  However, Section 12a(4) of the petition states that only $1,550.00 will be paid or reimbursed from the settlement proceeds.  As a result, $2,316.12 of the medical expenses remain unaccounted for.  The Court cannot approve a petition 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. 

          In Section 12b(5)(b)(ii)(A) of the petition, the name of the medical provider is obscured. 

          Petitioner has not filed a proposed order on Judicial Council form MC-351 in connection with this petition. 

Plaintiff has not filed a notice of settlement.

          The Court denies the petition. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Jaylen Langford’s action filed by Petitioner Marcella King on January 7, 2025. 

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.