Judge: Melvin D. Sandvig, Case: 24CHCV01076, Date: 2024-12-03 Tentative Ruling

Case Number: 24CHCV01076    Hearing Date: December 3, 2024    Dept: F47

Dept. F47

Date: 12/3/24

Case #24CHCV01076

MINOR’S COMPROMISE

Petition filed on 11/5/24.

MINOR: Jesus Vergara Garcia

GAL: Miguel Vergara Medina (parent)

DEFENDANTS: Carlos Macario and Jose Perez

SUMMARY OF ACTION: This action arises out of a motor vehicle accident that occurred on 7/24/23 on the 14 Freeway near Crown Valley Road in Acton, California.  Minor Plaintiff Jose Vergara Garcia (Minor) was a passenger in a vehicle driven by his brother Plaintiff David Vergara Garcia on 7/24/23.  A vehicle driven by Defendant Carlos Macario collided with a vehicle driven by Defendant Jose Perez which then collided with Plaintiffs’ vehicle.  As a result of the collision, Minor suffered post traumatic headaches, muscle trauma to his neck, right shoulder, mid and lower back, and a right knee sprain.  Minor received emergency room care on the date of the accident and underwent physical therapy for approximately 2 months after the accident.  Minor has residual pain in his muscle injuries.  Minor has not required additional medical care since being discharged from care on 9/19/23.   

SETTLEMENT: Defendant Carlos Macario to pay $7,500.00 and Defendant Jose Perez to pay $8,000.00.

ATTORNEY FEES: $3,875.00

MEDICAL EXPENSES: Not Clear

COSTS: $13.00

RULING:

The petition and proposed order contain the following defects:

(1) Neither defendant has appeared in the action; therefore, the email addresses in the proof of service could not be confirmed. 

(2) No authority is provided for the request for an order that each defendant pay their respective settlement sums to the Client Trust Account for Adolfo B. Garber from where all costs, liens, attorney’s fees and net share to claimant will be distributed subject to approval by the Court   (See Petition, No.10.c).  Such request conflicts with the directions set forth in No.8 of the proposed order approving the compromise which provides for a check to cover costs and attorneys fees made payable to petitioner and the attorney and a separate check for the balance to be deposited in a blocked account. 

(3) The amounts for medical expenses set forth in No.12.a. are inconsistent with the amounts set forth in No.12.b.(4) and No.12.b.(5).  

No.12.a. indicates that the total medical expenses incurred were $5,619.41; that $129.16 have been paid; that there has been a reduction of $2,646.87; that $2,646.87 is to be paid from the settlement; and that there are statutory or contractual liens of $5,619.41. 

However, the numbers set forth in No.12.b show:

            $126.16 was paid by Medi-Cal which has agreed to accept $96.87 (a reduction of $29.29)

            $5,490.20 was charged by Dr. Luigi Kirchmann, D.C. who has agreed to accept $2,550.00 (a reduction of $2,940.20)

As such, the total medical expenses are $5,619.36 with a total reduction of the medical expenses in the amount off $2,969.49, leaving $2,646.87 to be paid from the settlement which is the amount set forth in No.16.b. 

(4) No.21 is marked and the minor signed; however, it does not apply (it applies to adults with disabilities).

(5)  The attorney declaration refers to the Minor’s father/GAL as Miguel Vergara Garcia; however, the petition refers to him as Miguel Vergara Medina.  (See Exhibit List, Attachment13a – Garer Declaration ¶4 pdf 26; Petition, No.1).

(6) It appears that the Retainer Agreement is between the Minor and the attorney.  There is no reference to the father/GAL, Miguel Vergara Medina/Garcia, in the agreement and it cannot be determined who signed it.  (See Exhibit List, Attachment 17a, pdf 32).

(7) It is not clear why the additional order requested in No.13 of the proposed order is necessary considering the order set forth in No.10.a.

(8) In violation of CRC 3.1110(f)(4), the Minor’s attorney has not electronically bookmarked the exhibits submitted in support of the petition.