Judge: Lisa R. Jaskol, Case: 23STCV21989, Date: 2024-02-23 Tentative Ruling
Case Number: 23STCV21989 Hearing Date: February 23, 2024 Dept: 28
Having reviewed the petitions for expedited approval of minor’s compromises, the Court rules as follows.
BACKGROUND
On January 23, 2024, Petitioners Nancy Rodriguez and Maria Rodriguez filed petitions for expedited approval of minor’s compromises.
PETITIONERS’ REQUESTS
Petitioners Nancy Rodriguez and Maria Rodriguez ask the Court to approve the compromise of the claims of minors Oscar Anthony Garcia and Christopher Eli Lepe.
DISCUSSION
A. Oscar Anthony Garcia
According to the petition, Claimant Oscar Anthony was a passenger in a motor vehicle being operated by Petitioner Nancy Rodriguez. Their vehicle was traveling northbound on St. Andrews Place and was slowing down due to a dip in the roadway when Washington, traveling eastbound on 49th Street at a high rate of speed, failed to yield at a stop sign and collided with the rear end driver's side of the vehicle Claimant was traveling in. Claimant suffered back strain and arm contusion due to the collision.
The petition also states that Medi-Cal has asserted a lien for $720.84 and medical services providers have asserted liens for $60.00. It is unclear why Section 13a(4) of the petition does not include these amounts. (See, e.g., Section 17b, Attachment 13a(5).)
B. Christopher Eli Lepe
According to the petition, Claimant Oscar Anthony was a passenger in a motor vehicle being operated by Petitioner Nancy Rodriguez. Their vehicle was traveling northbound on St. Andrews Place and was slowing down due to a dip in the roadway when Washington, traveling eastbound on 49th Street at a high rate of speed, failed to yield at a stop sign and collided with the rear end driver's side of the vehicle Claimant was traveling in. Claimant suffered sprain/strain of the thoracic spine due to the collision.
GEICO General Insurance Company, the uninsured motorist carrier, has agreed to pay $7,500.00 to settle Christopher Eli Lepe’s claims.
The petition states that total medical expenses were $2,212.24. (Section 13a(1).) This amount was reduced by $863.06 as the result of negotiated, statutory, or contractual reductions. (Section 13a(3).) This should mean that $1,349.18 will be paid or reimbursed from the settlement proceeds. However, the petition states that only $500.00 will be paid or reimbursed from the settlement proceeds. (Section 13a(4).) This leaves $849.18 of the medical expenses unaccounted for.
The
petition also states that Medi-Cal has asserted a lien for $849.18 and medical
services providers have asserted liens for $500.00. It is unclear why Section 13a(4) of the
petition does not include these amounts.
(See, e.g., Section 17b, Attachment 13a(5).)
The Court denies the petitions without prejudice.
CONCLUSION
The Court DENIES the petition for expedited approval of the compromise of minor Oscar Anthony Garcia’s claims filed by Nancy Rodriguez on January 23, 2024 without prejudice.
The Court DENIES the petition for expedited approval of the compromise of minor Christopher Eli Lepe’s claims filed by Maria Rodriguez on January 23, 2024 without prejudice.
Petitioners are ordered to give notice.