Judge: Lisa R. Jaskol, Case: 23STCV16273, Date: 2025-02-25 Tentative Ruling

Case Number: 23STCV16273    Hearing Date: February 25, 2025    Dept: 28

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

BACKGROUND 

On July 12, 2023, Plaintiffs Jose L. Ocampo Jr., Berenice Guadalupe Ocampo Rodriguez, a minor, by and through her guardian ad litem Griselda Ocampo Rodriguez, and Alondra Guadalupe Hernandez, a minor, by and through her guardian ad litem Rosa Maria Rodriguez, filed this action against Defendants Alvaro Ernesto Majano Quintanilla a.k.a. Alvaro E. Majano (“Defendant”) and Does 1-100 for motor vehicle tort and general negligence. 

On July 13, 2023, the Court appointed Rosa Maria Rodriguez to serve as Plaintiff Alondra Guadalupe Hernandez’s guardian ad litem.  The Court also appointed Rosa Maria Rodriguez to serve as Plaintiff Berenice Guadalupe Ocampo Rodriguez’s guardian ad litem. 

On December 18, 2023, Defendant filed an answer. 

On December 3, 2024, Plaintiffs filed a notice of settlement. 

On January 21, 2025, Petitioner Griselda Ocampo Rodriguez filed a petition to approve the compromise of Plaintiff Berenice Guadalupe Ocampo Rodriguez’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 Berenice Guadalupe Ocampo Rodriguez (“Plaintiff”). 

DISCUSSION 

          The Court appointed Rosa Maria Rodriguez as Plaintiff’s guardian ad litem.  Griselda Ocampo Rodriguez, however, filed the petition for expedited approval of the minor’s compromise, stating she is Plaintiff’s parent and guardian ad litem.  

           The guardian ad litem application asked the Court to appoint Griselda Ocampo Rodriguez as Plaintiff’s guardian ad litem.  The Court does not know why the order granting the petition names Rosa Maria Rodriguez as Plaintiff's guardian ad litem.  However, as long as Rosa Maria Rodriguez is Plaintiff's guardian ad litem, the Court cannot grant a petition filed by another individual. 

          Section 10 of the petition is not filled out. 

          Section 13a(3) of the petition states that the medical expenses were reduced by $1,000.00.  Petitioner should provide evidence (such as a letter from the medical provider or counsel’s declaration under oath) to support this assertion. 

          The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff Berenice Guadalupe Ocampo Rodriguez’s claims filed by Petitioner Griselda Ocampo Rodriguez on January 21, 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.