Judge: Lisa R. Jaskol, Case: 22STCV31758, Date: 2024-07-02 Tentative Ruling
Case Number: 22STCV31758 Hearing Date: July 2, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On September 28, 2022, Plaintiffs Anjenette Foster and Azariyah Burdette, by and through her guardian ad litem Anjenette Foster, filed this action against Defendants Shawn Anthony Lewis (“Defendant”) and Does 1-50 for motor vehicle negligence.
On September 30, 2022, the Court appointed Anjenette Foster to serve as Plaintiff Azariyah Burdette’s guardian ad litem.
On January 9, 2023, Defendant filed an answer.
On August 8, 2023, Plaintiffs filed a notice of settlement.
On March 19, 2024, Plaintiffs’ counsel Raymond Ghermezian ("Ghermezian") filed a declaration stating that “[t]here has been a breakdown in the attorney client relations in this matter and our office has lost all contact with plaintiff.” Ghermezian asked the Court to appoint a new guardian ad litem “in order to file the Minor’s Compromise Petition.”
On June 3, 2024, the Court granted Ghermezian's application to serve as Plaintiff Azariyah Burdette’s guardian ad litem.
On June 5, 2024, Ghermezian submitted a petition for approval of minor’s compromise. The petition was scheduled to be heard on June 28, 2024. The Court continued the hearing to July 2, 2024.
PETITIONER’S REQUEST
DISCUSSION
The complaint alleges that “on or about December 22, 2020, while plaintiff was walking in the crosswalk, on the intersection of 88th Place and Central Ave., located in the City of Los Angeles, County of Los Angeles, State of California, that the defendants, and each of them, and DOES 1 through 15, inclusive, negligently, recklessly and carelessly operated their motor vehicle, so as to cause the same to strike and collide with plaintiff. Specifically, Defendant SHAWN [Anthony Lewis] as he ran a Red light, saw plaintiff walking and negligently failed to yield to the plaintiff and failed to exercise caution Consequently, plaintiffs [were] violently thrown to the ground, thereby proximately causing the plaintiffs to be seriously injured.” (Complaint ¶ 11.) As a result of Defendant’s alleged negligence, “the plaintiff was required to and did employ physicians, surgeons, and other practitioners of the healing arts, hospitals, etc., to examine, treat and care for plaintiffs, and did incur, medical, hospital and incidental expenses.” (Complaint ¶ 15.)
Similarly, Ghermezian's declaration supporting the petition's request for attorney's fees states that Plaintiff “suffered physical injuries” and “sought medical treatment for her injuries” after the accident. (Ghermezian dec. ¶¶ 2, 5.) Ghermezian states that he reviewed medical records and attended treating physician depositions while working on the case. (Ghermezian dec. ¶ 8.)
Despite Plaintiff’s claims of injury and medical expenses, the petition for approval of minor’s compromise includes no information about Plaintiff’s injuries (Petition, Section 6), treatment (Petition, Section 7), or medical expenses (Petition, Sections 12a, 12b). The petition includes no medical or billing records and does not identify any of Plaintiff’s medical providers.
The Court cannot grant a petition to approve a minor’s compromise unless it shows that all of Plaintiff’s medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds. The petition does not provide the evidence the Court needs to determine whether approval of the settlement will leave any of Plaintiff's medical providers uncompensated for their services.
In addition, Ghermezian should clarify (1) if he is Plaintiff’s parent, as he states in Section 1 of the petition, (2) if he was involved in the December 22, 2020 accident, as he states in Section 4c of the petition, (3) if he is a plaintiff in the case, as he states in Section 11b(3) of the petition, and (4) if he has received or will receive $1,000.00 from Defendant in addition to the attorney’s fees he seeks for his representation of Plaintiff, as he states in Section 17f of the petition.
The Court denies the petition.
CONCLUSION
The Court DENIES the petition to approve the compromise of Plaintiff Azariyah Burdette’s action filed by Petitioner Raymond Ghermezian on June 5, 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.