Judge: Lisa R. Jaskol, Case: 23STCV03587, Date: 2025-04-30 Tentative Ruling
Case Number: 23STCV03587 Hearing Date: April 30, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On February 17, 2023, Plaintiffs Miguel Sanchez, Jisela Romero, and Ivane Sauceda filed this action against Defendants Nicholas Rodriguez Salas (“Defendant”) and Does 1-100 for motor vehicle tort.
On August 8, 2024, Plaintiffs filed a notice of settlement.
On September 18, 2024, the Court appointed Jisela Romero to serve as minor Plaintiff Ivane Sauceda’s guardian ad litem.
On January 9, 2025, Defendant filed an answer.
On February 18, 2025, Petitioner Jisela Romero (“Petitioner”) filed a petition for expedited approval of the compromise of minor Plaintiff Ivane Sauceda’s claims.
PETITIONER’S REQUEST
Petitioner
asks the Court to grant the petition for expedited approval of the compromise of
the claims of minor Plaintiff Ivane Sauceda (“Plaintiff”).
Section 13a(2) of the petition states that none of the medical expenses were paid. However, the attached October 29, 2024 letter from the Department of Health Care Services states that Medi-Cal paid $1,288.05 of the medical expenses. Petitioner should resolve this discrepancy.
Section 13a(5) states that the total amount of contractual or statutory liens is $576.20. This appears to be based on the amount which Medi-Cal has agreed to accept to satisfy its lien rights. However, Section 13f(2) of the petition states that medical service providers have agreed to accept $750.00 to satisfy their lien rights. It is unclear why the $750.00 figure is not included in Section 13a(5) of the petition in addition to the $576.20 figure.
In several places, the petition states that the Medi-Cal lien was reduced from $1,146.26 to $683.69. (See Attachment 13a; Declaration of Chris Connolly in Support of Attorney’s Fees ¶ 12; Attachment 13c(2).) However, Section 13c(3)(b) of the petition and the attached October 29, 2024 letter from the Department of Health Care Services state that Medi-Cal has agreed to accept $576.20 in full satisfaction of its lien rights. Petitioner should resolve the discrepancy between the two figures the petition lists as the reduced amount of the Medi-Cal lien ($683.69 and $576.20).
Attachment 13a asserts that the chiropractor bill of $1,300.00 was reduced to $750.00. However, Petitioner has not provided a declaration or other evidence showing the chiropractor agreed to reduce the bill to $750.00. Petitioner should include a declaration or other evidence supporting this assertion.
Section 14b requests $250.00 for “administrative costs.” Petitioner should list the specific recoverable costs for which Plaintiff’s attorney may be reimbursed from the settlement proceeds.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice Petitioner Jisela Romero’s petition for expedited approval of the compromise of minor Plaintiff Ivane Sauceda’s claims filed February 18, 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.