Judge: Lisa R. Jaskol, Case: 22STCV32653, Date: 2025-05-23 Tentative Ruling

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Case Number: 22STCV32653    Hearing Date: May 23, 2025    Dept: 28

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

BACKGROUND 

On October 5, 2022, Plaintiff H.C. (“Plaintiff”), by and through her guardian ad litem Jamiel Fears, filed this action against Defendants Inglewood Unified School District and Does 1-100 for negligent supervision and dangerous condition of public property. 

On May 30, 2023, the Court appointed Jamiel Fears to serve as Plaintiff’s guardian ad litem. 

On July 31, 2023, Plaintiff, by and through her guardian ad litem Jamiel Fears, filed a first amended complaint against Defendants Inglewood Unified School District (“Defendant”) and Does 1-100 for negligent supervision and dangerous condition of public property. 

On August 30, 2023, Defendant filed an answer. 

On July 17, 2024, Plaintiff filed a notice of settlement. 

On December 18, 2024, Petitioner Jamiel Fears (“Petitioner”) filed a petition for expedited approval of the compromise of Plaintiff’s claims. 

PETITIONER’S REQUEST 

Petitioner asks the Court for expedited approval of the compromise of Plaintiff’s claims. 

DISCUSSION 

Section 13a(1) of the petition states that total medical expenses were $3,043.30.  Section 13a(3) of the petition states that this amount was reduced by $2,651.62.  This should mean that the remaining medical expenses ($391.68) will be paid or reimbursed from the settlement proceeds.  However, Section 13a(4) of the petition states that none of the medical expenses will be paid or reimbursed from the settlement proceeds.  The Court cannot approve a petition unless it shows that all of the medical expenses which have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

Section 13a(2) of the petition states that $155.57 of the medical expenses were paid.  However, Section 15(b)(1) of the petition states the Petitioner paid $391.68 of the medical expenses for which reimbursement is requested.  In contrast, Section 13e of the petition states that Petitioner paid $275.00 of the medical expenses and requests reimbursement.  Section 13c(2) of the petition and the attached letter from the Department of Health Care Services state that Medi-Cal paid $155.57 of the medical expenses.  Petitioner should address the discrepancies between Section 13a(2), Section 13c(2) and the attached letter from the Department of Health Care Services, Section 13e, and Section 15(b)(1) of the petition. 

In addition, Petitioner should address the discrepancies between Section 13a(4) of the petition (which states that none of the medical expenses will be paid or reimbursed from the settlement proceeds), on the one hand, and Section 13e (which states that Petitioner’s payment of $275.00 is to be reimbursed), Section 15(b)(1) of the petition (which states the Petitioner paid $391.68 of the medical expenses for which reimbursement is requested), Section 13c(2)(b) of the petition (which states that Medi-Cal will accept $116.68 in reimbursement for payment of Plaintiff’s medical expenses), and Section 17b of the petition (which states that $391.68 in medical expenses will be paid from the settlement proceeds). 

The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff H.C.’s action filed by Petitioner Jamiel Fears on December 18, 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.