Judge: Lisa R. Jaskol, Case: 23STCV30037, Date: 2025-05-02 Tentative Ruling
Case Number: 23STCV30037 Hearing Date: May 2, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On December 8, 2023, Plaintiffs Josefina Cachobucio, Juan Velazquez, Josefina Cachobucio as guardian ad litem for Evelyn Velazquez, Josefina Cachobucio as guardian ad litem for Julian Armas, and Josefina Cachobucio as guardian ad litem for Carlos De Dios filed this action against Defendants Jose Soto, Tarkett Finance Inc. Penske LSG Rental, and Does 1-50 for motor vehicle tort and general negligence.
On December 29, 2023, the Court appointed Josefina Cachobucio to serve as guardian ad litem for minor Plaintiff Carlos De Dios.
On January 2, 2024, the Court appointed Josefina Cachobucio to serve as guardian ad litem for minor Plaintiffs Evelyn Velazquez and Julian Armas.
On February 9, 2024, Plaintiff amended the complaint to add Defendants Diamond W. Supply Co., Inc. as Doe 1 and Penske Truck Leasing Co. L.P. as Doe 2.
On March 20, 2024, Defendants Jose Soto and Penske Truck Leasing Co. LP (sued erroneously as Penske LSG Rental) filed an answer.
On November 22, 2024, the Court dismissed Plaintiffs Josefina Cachobucio and Juan Velasquez with prejudice at Plaintiffs’ request.
On December 27, 2024, Petitioner Josefina Cachobucio (“Petitioner”) filed petitions for expedited approval of the compromise of the claims of minor Plaintiffs Evelyn Velazquez, Julian Armas, and Carlos De Dios.
Trial is scheduled for June 6, 2025.
PETITIONER’S REQUESTS
Petitioner
asks the Court to grant the petitions for expedited approval of the claims of
minor Plaintiffs Evelyn Velazquez, Julian Armas, and Carlos De Dios.
DISCUSSION
Based on the Court’s review of the petition, the Court understands that Petitioner will make the following payments or reimbursements of medical expenses from the settlement proceeds:
(1)
$33.12 to the
Department of Healthcare Services
(2)
$750.00 to
Central Avenue Chiropractic
(3) $2,694.09 to the City of Monterey Park Fire Dept & Ambulance
With this understanding, the Court grants the petition. The Court orders that the net settlement proceeds of $7,446.14 are to be deposited in insured accounts at Wells Fargo, 807 N Maclay Avenue, San Fernando, CA 91340, +18183656951, subject to withdrawal only on authorization of the Court.
B. Julian Armas
The medical expenses for Evelyn Velasquez included charges which Medi-Cal paid to Los Angeles County, presumably to cover services which LAC+USC Medical Center provided to Evelyn Velasquez. However, Petitioner has not addressed how or whether LAC+USC Medical Center is being compensated for the services it provided to Julian Armas, whose medical care Medi-Cal did not cover. (See attached letter from Department of Healthcare Services.)
The petition states that $3,394.09 will be paid or reimbursed from the settlement proceeds, consisting of $700.00 to Central Avenue Chiropractic and $2,694.09 to the City of Monterey Park Fire Dept & Ambulance. The petition does not show that LAC+USC is being paid or reimbursed for its medical services from the settlement proceeds or show that LAC+USC waived its right to be paid or reimbursed for its medical services.
The Court cannot grant a petition unless the petition shows that all medical expenses which have not been waived or reduced will be paid or reimbursed from the settlement proceeds.
The Court denies the petition.
C. Carlos De Dios
Based on the Court’s review of the petition, the Court understands that Petitioner will make the following payments or reimbursements of medical expenses from the settlement proceeds:
(1) $296.78
to the Department of Healthcare Services
(2) $3,000.00
to Central Avenue Chiropractic
These payments total $3,296.76, representing a reduction of $828.92 from the total $4,125.70 in medical expenses. By signing the petition, Petitioner has stated under penalty of perjury that Plaintiff incurred no other medical expenses which should be paid or reimbursed from the settlement proceeds.
With this understanding, the Court grants the petition. The Court orders that the net settlement proceeds of $9,876.57 are to be deposited in insured accounts at Wells Fargo, 807 N Maclay Avenue, San Fernando, CA 91340, +18183656951, subject to withdrawal only on authorization of the Court.
CONCLUSION
The Court GRANTS Petitioner Josefina Cachobucio’s petition for expedited approval of the compromise of minor Plaintiff Evelyn Velazquez's claims filed December 27, 2024. The net settlement amount of $7,446.14 is to be deposited in insured accounts at Wells Fargo, 807 N Maclay Avenue, San Fernando, CA 91340, +18183656951, subject to withdrawal only on authorization of the Court. The Court sets an OSC Re: Distribution of Net Settlement on July 1, 2025, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
The Court DENIES without prejudice Petitioner Josefina Cachobucio’s petition for expedited approval of the compromise of minor Plaintiff Julian Armas's claims.
The Court GRANTS Petitioner Josefina Cachobucio’s petition for expedited approval of the compromise of minor Plaintiff Carlos De Dios's claims filed December 27, 2024. The net settlement amount of $9,876.57 is to be deposited in insured accounts at Wells Fargo, 807 N Maclay Avenue, San Fernando, CA 91340, +18183656951, subject to withdrawal only on authorization of the Court. The Court sets an OSC Re: Distribution of Net Settlement on July 1, 2025, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
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.