Judge: Lisa R. Jaskol, Case: 22STCV37807, Date: 2025-05-09 Tentative Ruling

Case Number: 22STCV37807    Hearing Date: May 9, 2025    Dept: 28

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

BACKGROUND 

On December 5, 2022, Plaintiffs Nicola Vincent and Aengus McKenzie (“McKenzie”), a minor by and through his guardian ad litem Nicola Vincent, filed this action against Defendants Dion Lamont Zamorano (“Zamorano”) and Does 1-25 for negligence. 

On December 19, 2022, the Court appointed Nicola Vincent to serve as McKenzie’s guardian ad litem. 

On March 13, 2023, Zamorano filed an answer. 

On April 24, 2023, Plaintiffs amended the complaint to include Defendant Marian D. Spivey as Doe 1. 

On April 2, 2024, Plaintiffs filed a first amended complaint adding claims for negligent infliction of emotional distress and negligent entrustment. 

On May 9, 2024, Plaintiffs filed a notice of settlement. 

On April 1, 2025, Petitioner Nicola Vincent (“Petitioner”) filed a petition to approve the compromise of McKenzie’s claims.  The petition was set for hearing on May 9, 2025. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending claims of minor Plaintiff Aengus McKenzie. 

DISCUSSION 

A.   Petitioner’s payment of medical expenses 

Section 12b of the petition states that total medical expenses were $121.22 and that Petitioner paid these expenses.  Petitioner does not indicate in Section 14 of the petition that Petitioner wishes to be reimbursed from the settlement proceeds for this payment.  The Court therefore concludes that Petitioner has waived the right to be reimbursed from the settlement proceeds for the payment of $121.22.  If this conclusion is not correct, and Petitioner wishes to be reimbursed from the settlement proceeds, Petitioner should revise the petition accordingly. 

B.   Disposition of net settlement proceeds 

In Section 18b(1) of the petition, Petitioner “requests that the court order the disposition of the balance of the proceeds of the settlement or judgment as follows . . . . [¶] A guardian of the estate of the minor . . . be appointed and [the net settlement proceeds of] $3,000.00 of money or other property be paid or delivered to the person so appointed.  The money or other property are specified in Attachment 18b(1).” 

It is unclear if Petitioner intends to appoint a guardian of McKenzie’s estate under Section 18b(1) (rather than using one of the other methods for disposition of the settlement balance listed in Section 18b of the petition). 

If Petitioner in fact intends to appoint a guardian of McKenzie’s estate under Section 18b(1) of the petition, Petitioner must provide Attachment 18b(1) with the required information. 

C.   Attachments 

In addition to Attachment 18b(1), the petition omits Attachments 11b(3) and 17a. 

D.   Signatures 

In Section 23 of the petition, counsel has signed where Petitioner is supposed to sign, and Petitioner has signed where counsel is supposed to sign.  Petitioner must sign the declaration in the appropriate place to “declare under penalty of perjury under the laws of the State of California that the foregoing information on this form and all attachments is true and correct.” 

The Court requires the Petitioner’s signature under penalty of perjury as assurance, among other things, that all medical expenses which have not been waived or reduced are being paid or reimbursed from the settlement proceeds. 

The Court denies the petition. 

CONCLUSION 

The Court DENIES without prejudice Petitioner Nicola Vincent’s petition to approve the compromise of minor Plaintiff Aengus McKenzie's claims filed on April 1, 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.