Judge: Lisa R. Jaskol, Case: 22STCV39295, Date: 2024-08-14 Tentative Ruling

Case Number: 22STCV39295    Hearing Date: August 14, 2024    Dept: 28

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

BACKGROUND 

On December 19, 2022, Plaintiff Carla Gipson as guardian ad litem for minor Alex Polk filed this action against Defendants City of Los Angeles (“Defendant”) and Does 1-10 for premises liability. 

On May 30, 2023, Defendant filed an answer. 

On May 16, 2024, Plaintiff filed a notice of settlement. 

On July 10, 2024, Petitioner Carla Gipson (“Petitioner”) submitted a petition for expedited approval of the compromise of minor Plaintiff Alex Polk’s claims.  

PETITIONER’S REQUEST 

Petitioner asks the Court to grant the petition for expedited approval of the compromise of the action of minor Plaintiff Alex Polk (“Plaintiff”). 

DISCUSSION 

          The petition contains the following information: 

Gross settlement amount:                                                  $15,000.00

Medi-Cal lien:                                                                    $242.44

Attorney’s fees:                                                                 $3,750.00

Non-medical costs:                                                           $545.00

Net settlement amount:                                                      $10,462.56  

Section 1 of the petition states that Carla Gipson is Plaintiff’s guardian ad litem.  However, on December 21, 2022, the Court denied an application to appoint Carla Gipson as Plaintiff’s guardian ad litem and Plaintiff did not file another application.

Petitioner has not filled out Section 13a of the petition, suggesting that Plaintiff incurred no medical expenses.  However, counsel’s declaration states that “[t]he settlement amount is triple the medical bills,” suggesting Plaintiff incurred $5,000.00 in medical expenses.  In addition, in Section 13c(2), Petitioner states that Medi-Cal paid for some or all of Plaintiff’s medical expenses.  Section 8 of the petition states that Plaintiff received care and treatment at Orthopedic Institute for the Children and St. John's Well Child & Family Center. 

Petitioner must provide the information requested in Section 13a as well as supporting medical records and medical bills.  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 for expedited approval of the compromise of minor Plaintiff Alex Polk’s claims filed by Petitioner Carla Gipson. 

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.