Judge: Lisa R. Jaskol, Case: 23STCV25332, Date: 2024-09-03 Tentative Ruling

Case Number: 23STCV25332    Hearing Date: September 3, 2024    Dept: 28

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

BACKGROUND 

On October 17, 2023, Plaintiffs Candice Pilgrim, Parker Caple (“Caple”), and Erica Peeples filed this action against Defendants Joseph Kevin Drummond and Does 1-100 for motor vehicle tort and general negligence. 

On October 26, 2023, Plaintiffs filed a first amended complaint against Defendants Estate of Joseph Kevin Drummond, Deceased (“Defendant”) and Does 1-100 for motor vehicle tort and general negligence. 

On February 23, 2024, Plaintiffs filed a notice of settlement. 

On July 12, 2024, Petitioner Candice Pilgrim (“Petitioner”) submitted a petition to approve the compromise of minor Plaintiff Caple’s action.  The petition was set for hearing on September 3, 2024. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Parker Caple. 

DISCUSSION 

The petition includes the following information: 

Gross settlement amount:                                        $8,099.93

Total medical expenses:                                            $3,794.93

Reductions:                                                              $2,770.17

To be paid/reimbursed from proceeds:                     $1,384.79

Liens:                                                                       $1,384.79

Attorney’s fees:                                                        $2,025.00

Costs:                                                                       $1,021.12

Net settlement amount:                                             $3,669.02

The figures listed in Section 12a of the petition are not consistent with the figures listed in Section 12b(5)(b).  For example, while Section 12a(3) states that the total amount of reductions is $2,770.17, the combined amounts listed in Section 12b(5)(b) is $2,922.52.  In addition, while Section 12a(4) states that the total amount to be paid or reimbursed from the settlement is $1,384.79, the combined amounts listed in Section 12b(5)(b) is $360.00. 

It is also unclear whether the ERISA self-funded plan is requesting reimbursement of $1,024.76 (see Section 12b(2)(f)(ii)(C)) or whether that amount has been reduced to $360.03 (see Section 12(b)(5)(b)(i)). 

Section 12a(1) of the petition states that total medical expenses were $3,794.93.  Section 12a(3) states that this amount was subject to $2,770.17 in a reductions.  This should mean that the remaining amount ($1,024.76) is to be reimbursed from the settlement proceeds.  However, Section 12a(4) states that $1,384.79 is to be paid or reimbursed from the settlement proceeds.  This larger figure appears to include $360.03, the amount listed in Section 12b(5)(a)(ii), but as noted above it is unclear if $1,024.76 has been reduced to $360.03 (see Section 12(b)(5)(b)(i)) or if both $1,024.76 and $360.03 must be reimbursed from the settlement proceeds (see Sections 5b(2)(f)(ii)(C), 5b(5)(a)(ii)). 

The Court denies the petition. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Parker Caple’s action filed by Petitioner Candice Pilgrim on July 12, 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.