Judge: Melvin D. Sandvig, Case: 23CHCV02728, Date: 2024-03-07 Tentative Ruling

Case Number: 23CHCV02728    Hearing Date: March 7, 2024    Dept: F47

Dept. F47

Date: 3/7/24

Case #23CHCV02728

MINOR’S COMPROMISE

Petition filed on 2/7/24.

MINOR: Maya Garcia

GAL: Rosalva Moreno

DEFENDANTS: Denny’s Restaurant; Denshan, Inc.; Dentas, Inc. and Denjas, Inc.

RULING: The petition is denied without prejudice.

This action arises out of an incident that occurred at a Denny’s restaurant in Sylmar, California.  On 9/12/21, Minor Plaintiff Maya Garcia (Minor) slipped and fell on a puddle of water at the Denny’s restaurant.  Minor suffered injuries to her head and back.   

On 9/11/23, Minor through her guardian ad litem, Rosalva Moreno (Moreno), filed this action against Denny’s Restaurant; Denshan, Inc.; Dentas, Inc. and Denjas, Inc. for negligence and premises liability.  No proof of service of the summons and complaint on any of the defendants has been filed and no defendant has appeared in this action.

On 2/7/24, Moreno filed this petition for approval of compromise of the Minor’s claim.  The petition indicates that the minor has completely recovered from her injuries and “Denny’s Restaurant, et al.” have agreed to settle Minor’s claim for $35,000.00 which is to be paid in full upon approval of the settlement. 

The attorney is requesting approval of $7,520.35 in attorney’s fees and $562.71 in other costs.

The petition indicates that $4,355.87 is to be paid for medical expenses from the settlement. 

The petition indicates that $22,561.07 is to be deposited in an insured blocked account for the benefit of Minor.    

The petition suffers from the following defects:

(1) The “parent” box is not marked in number 1 of the petition and number 2 of the proposed order approving the settlement and it should be according to the guardian ad litem application.

(2) The petition indicates that Minor has completely recovered from her injuries; however, the only medical report dated 1/10/22 indicates that as of 12/15/21 Minor was still suffering from constant cervical spine pain, thoracic spine pain, constant lumbar spine pain, dizziness, headache, insomnia, nausea, tinnitus, photophobia and other pain.  (See Petition, No.8.a; Attachment 8).  A report of Minor’s current condition/prognosis of being completely recovered is not included as required.  (See Petition, No.8).

(3) Number 5 in the proposed order “Notice has been given as required by law” is not marked.  The petition has not been served on the defendants (who have not appeared) or any other interested party (i.e., lien claimants).

(4) There is no Attachment 8a(3) to the proposed order despite the box being marked.