TENTATIVE¿ 

¿ 

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

Plaintiff(s) agreed to settle their claims against Defendant(s) for the total amount of $67,000, with $26,000 being apportioned to Alyssa Garcia (“Claimant”). If the settlement is approved, $6,017.89 will be used for medical expenses, $6,500 will be used for attorneys’ fees, and $280 will be used for costs. The net balance of $13,202.11 will be deposited into a blocked account. 

The petition filed on March 5, 2024 is denied for the following reasons:  

First, there is no guardian ad litem for Claimant. The court notes that the recent application for appointment of a guardian ad litem was rejected on March 15, 2024.  

Second, aside from using an outdated version of an expedited petition (MC-350EX), it is not apparent that use of this form is appropriate here. The expedited petition is reserved for the total settlement amount payable to the minor and all other parties to be $50,000 or less. (CRC, rule 7.950.5(a)(8).) Petitioner marks item 3(g)(1), which provides that the total settlement described in Items 12 and 13 must amount to $50,000 or less. However, Items 12 and 13, which represent the amount Plaintiffs settled for, equate to $67,000. Unless Petitioner can demonstrate that the amount settled for represents the insurance policy limit covering all proposed contributing parties (Item 3(g)(2)), in order for it to fall under the exception provided in CRC, rule 7.950.5(a)(8)(A) for use of an expedited petition, Petitioner must otherwise bring this petition using a regular petition on MC-350 [Rev. January 1, 2021].¿¿ 

Petitioner must reserve a new date and file a new petition curing the above-noted defects at least 9 court days before the continued hearing date. 

Moving party is ordered to give notice.