Judge: Melvin D. Sandvig, Case: 24CHCV02302, Date: 2025-04-11 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 24CHCV02302    Hearing Date: April 11, 2025    Dept: F47

Dept. F47

Date: 4/11/25

Case #24CHCV02302

MINOR’S COMPROMISE

Petition filed on 3/20/25.

MINOR: Chelsea Gonzalez

GAL: Maria Rosario Flores (parent)

DEFENDANTS: Ernesto Fernandez Cifuentes and Angelica Gonzalez

SUMMARY OF ACTION: This action arises out of a motor vehicle accident that occurred on 2/28/23 at the intersection of Hubbard Street and Dronfield Avenue.  Minor was a passenger in a vehicle  which was driving on Dronfield Avenue (eastbound), situated in the left turn pocket, waiting to make a left hand turn onto Hubbard Street.  Directly in front of the vehicle in which the minor was a passenger was a vehicle driven by Odilon Alvarez vehicle, waiting to turn left.   When Alvarez attempted to make a left hand turn, he was struck by another vehicle driven by Defendant Ernesto Fernando Cifuentes who was traveling in the opposite direction westbound on Dronfield which caused both vehicles to crash into the vehicle the minor was in.  As a result of the collision, the minor suffered headaches, shoulder pain neck pain, back pain, and left leg sprain.

SETTLEMENT: $104,999.99 ($100,000.00 to be paid by Defendant Ernesto Fernandez Cifuentes and $4,999.99 to be paid by Odilan Alvarez who is not named as a defendant in this action)

MEDICAL BILLS: $54,437.00 (total)l $34,084.54 (reduction); $20,352.46 (to be paid from settlement proceeds which includes the $102.46 (Medi-Cal lien)

ATTORNEY FEES: $26,249.99

COSTS: $1,145.39

AMOUNT TO BE PAID TO MINOR: $52,252.16 per the petition; however, based on the total settlement amount of $104,999.99 minus the above deductions, the amount is $57,252.15

RULING: The petition is denied without prejudice. 

(1) The petition indicates that the minor has completely recovered from her injuries and there are no permanent injuries.  (See Petition, Nos. 6, 8.a.).  However, the final medical report attached to the petition indicates that as of 6/21/23 the minor was not completely recovered and “that the prognosis regarding the [minor’s] injuries is guarded.”  (Attachment 8, p.9).  The report also indicates that the minor was supposed to receive follow-up care from other providers.  No other reports are attached.  A report regarding the minor’s current condition is required to substantiate the claim that the minor has completely recovered from her injuries as claimed in the petition.   

(2) No.10.a. and 10.b. indicate that the total settlement amount to be paid to the minor is $104,999.99 which includes a payment of $4,999.99 from Odilan Alvarez who is not a party to this action.  The attorney fees are also based on the total settlement amount.  However, No.16.a. indicates that the gross settlement amount is only the $100,000.00 to be paid by Defendant Ernesto Fernandez Cifuentes. 

Counsel must clarify why Alvarez is not a party to the action considering No.10.c. in the petition indicates that Alvarez has agreed to settle “Claimant’s allegations” and/or why his settlement can be included in the instant petition and not require a separate petition to be filed in the Probate Department pursuant to Local Rule 4.115(a)(1).  The proposed order approving the settlement also indicates that Alvarez is a settling defendant.  (proposed Order, No.4).

The Court would also like clarification as to whether Defendant Angelica Gonzalez, the alleged owner of the vehicle driven by Cifuentes, is being released as part of the settlement with Cifuentes.  If so, that should be reflected in the petition.

If the $4,999.99 payment from Alvarez is ultimately permitted to be included in the petition, the final amount to be paid to the minor would increase as noted above. 

(3) No.12.b.(5)(a)(ii) includes the Medi-Cal lien which is already set forth in No.12.b.(4)(c).

(4) The attorney fee agreement incorrectly states that the minor is her own guardian ad litem on page 1.  (Attachment 17a).

(5) The petition refers to the minor’s brother and the driver of the vehicle in which she was a passenger as a co-plaintiff; however, Richard Gonzalez is not a named plaintiff in this action.  (See Complaint; Petition Nos. 11.b.(5), 17.f ;  Attachment 17e).  Counsel must clarify whether  Richard Gonzalez is a party to this action.

(6) The gross amount of the settlement in No.6 of the proposed order is incorrectly listed as $52,252.16 – it should either be $100,000.00 or $104,999.99.  The balance of the settlement proceeds to be paid to the minor as set forth in No.8 of the proposed order may also change depending on the total settlement amount as noted above.

(7) Counsel must electronically bookmark the attachments/exhibits to any future petitions.  See CRC 3.1110(f)(4).

(8) No proof of service for the petition has been filed.