Judge: Lisa R. Jaskol, Case: 23STCV16655, Date: 2024-08-26 Tentative Ruling

Case Number: 23STCV16655    Hearing Date: August 26, 2024    Dept: 28

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

BACKGROUND 

On July 17, 2023, Plaintiffs Christopher Cappelli, Jessica Cappelli, and Connor Cappelli, a minor by and through his guardian ad litem, Christopher Cappelli, filed this action against Defendants Zohrab Barseghyan, Lyft, Inc., and Does 1-25 for motor vehicle tort and general negligence. 

On July 19, 2023, the Court appointed Christopher Cappelli to serve as Plaintiff Connor Cappelli’s guardian ad litem. 

On February 7, 2024, Plaintiffs filed a notice of settlement. 

On June 6, 2024, Petitioner Christopher Cappelli (“Petitioner”) filed an amended petition to approve the compromise of Plaintiff Connor Cappelli’s claims.  The petition was set for hearing on July 25, 2024.  The Court continued the hearing to August 26, 2024. 

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of Plaintiff Connor Cappelli (“Plaintiff”). 

DISCUSSION 

          The petition includes the following information: 

Gross settlement amount:                                        $17,453.00

Total medical expenses:                                            $5,023.00

Reductions:                                                              $2,681.14

To be paid/reimbursed from proceeds:                     $3,663.99

Liens:                                                                       $6,131.00

Attorney’s fees:                                                        $4,370.75

Costs:                                                                       $373.15

Net settlement amount:                                             $9,045.11  

 Section 10b of the petition lists Christopher Cappelli as a defendant who is contributing $2,454.00 to Plaintiff’s settlement.  The court filings identify Christopher Cappelli as the Petitioner and a plaintiff.  Petitioner should clarify why Christopher Cappelli is listed in Section 10b. 

Section 12a(1) of the petition states that total medical expenses were $5,023.00.  However, Section 12a(5) of the petition states that liens are $6,131.00.  Liens based on medical expenses should not exceed the total medical expenses. 

In addition, Section 12a(4) of the petition states that $3,663.99 in medical expenses is to be paid or reimbursed from the settlement proceeds, but this amount exceeds the amount of medical expenses that remain after the total medical expenses of $5,023 (Section 12a(1)) have been reduced by $2,681.14 (Section 12a(3)).

Petitioner should revise the petition to ensure that all medical expenses, reductions, and lien amounts are accurately reflected in Section 12a. 

The Court denies the petition without prejudice to submission of a revised petition, supporting evidence, and proposed order. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Connor Cappelli’s claims filed by Petitioner Christopher Cappelli on June 6, 2024. 

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.