Judge: Lynne M. Hobbs, Case: 22STCV28675, Date: 2024-02-15 Tentative Ruling

Case Number: 22STCV28675    Hearing Date: February 15, 2024    Dept: 30

MELISSA RODRIGUEZ, et al. vs PAUL JOSEPH OLIVOLO, et al.

TENTATIVE

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor Elizah Arevalos (Age 11). The Court finds the settlement is reasonable, however, the following issues preclude the granting of the petition at this time:

(1) The amount of settlement for Claimant is inconsistently listed throughout the petition and proposed order. Item 10 of the petition and counsel’s declaration states Claimant’s settlement is for $10,000, however, item 16a states Claimant’s settlement is for $10,100. Item 16f of the petition states that the balance of the proceeds for Claimant is $4,598.69, when, if the settlement for Claimant is $10,000, then the net amount for Claimant should be $4,498.69. If the settlement is for $10,000 then item 16f and 16a need to be corrected.

(2) Item 12b(5)(b) of the petition, which would list the medical service providers that furnished treatment and care to Claimant and have a lien is incomplete. It only lists $630 in medical expenses, but Petitioner states medical expenses are $2,368.44.

(3) The proposed order also states Claimant’s gross settlement is for $10,100.

(4) The proposed order also states Claimant’s net recovery is $4,598.69.

(5) Item 9c(2) of the proposed order is filled out, indicating there is a blocked account, but the petition requests the money to be delivered to the parent.

(6) Petitioner’s declaration of written assurance needs to be filed.

(7) Any reduction agreements for medical expenses must be filed.

Accordingly, the hearing is CONTINUED for a date within 90 days. Counsel is ordered to correct the defects described herein, by filing a new petition and proposed order at least five days prior to the next hearing date.

Moving party is ordered to give notice.