Judge: Lisa R. Jaskol, Case: 23STCV05504, Date: 2024-08-14 Tentative Ruling
Case Number: 23STCV05504 Hearing Date: August 14, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On March 13, 2023, Plaintiffs Jose Luis Espinosa-Rodriguez and Daniel Espinosa, a minor by and through his guardian ad litem Ma Luisa Huerta-Rangel, filed this action against Defendants Kasey Williams and Does 1-25 for negligence.
On April 13, 2023, the Court appointed Ma Luisa Huerta-Rangel to serve as guardian ad litem for Plaintiff Daniel Espinosa.
On May 3, 2024, Petitioner Ma Luisa Huerta-Rangel (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff Daniel Espinosa’s claims. The petition was set for hearing on June 7, 2024. The Court continued the hearing to August 14, 2024.
PETITIONER’S REQUEST
Petitioner asks the Court to grant the petition to approve the compromise of the action of minor Plaintiff Daniel Espinosa (“Plaintiff”).
DISCUSSION
The petition contains the following information:
Gross settlement amount: $15,000.00
Total medical expenses: $37,978.05
Medi-Cal lien: $1,813.56
Attorney’s fees: $3,579.20
Costs: $607.24
Net settlement amount: $9,000.00
Section 13b(1) of the petition appears to state that Petitioner paid $1,813.56 of Plaintiff’s medical expenses and will be reimbursed for this payment from the settlement proceeds.
Section 13b(2) of the petition states that a non-ERISA insured plan paid $2,690.80 of Plaintiff’s medical expenses. Due to a negotiated reduction of $877.24, the non-ERISA insured plan will be reimbursed $1,813.56 from the settlement proceeds.
Section 12b(4) of the petition states that Medi-Cal paid $2,690.80 of Plaintiff’s medical expenses and has agreed to accept reimbursement of $1,813.56.
Petitioner has not filled out Section 15 of the petition.
In the petition’s summary section, Section 17a states that $1,813.56 in medical expenses will be paid from the settlement proceeds. The statement appears to conflict with Sections 13b(1), 13b(2), and 13b(4), which state (or appear to state) that Petitioner, a non-ERISA insured plan, and Medi-Cal each have separate claims to $1,813.56 in reimbursement (totaling $5,440.68).
In addition, 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. Here, the petition does not show that the total medical expenses of $37,978.05 have been waived or reduced or will be paid or reimbursed from the settlement proceeds.
Petitioner should resubmit the petition on the current version of Judicial Council Form MC-350 (https://www.courts.ca.gov/documents/mc350.pdf), clarify the apparent inconsistencies, and complete the applicable portions of the form.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Daniel Espinosa’s claims filed by Petitioner Ma Luisa Huerta-Rangel.
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.