TENTATIVE¿ 

¿ 

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

Plaintiffs agreed to settle their claims against Defendants for the total amount of $92,500.00, with $4,500.00 being apportioned to Isabella Yerena (“Claimant”). If the settlement is approved, $128.61 will be used for medical expenses, $1,125.00 will be used for attorneys’ fees, and $663.70 will be used for costs. The net balance of $2,582.69 will be delivered directly to the parent of Claimant. 

The petition filed on January 22, 2024 is denied for the following reasons: 

Petitioner improperly uses an expedited petition (MC-350EX). 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 11 and 12 amount to $50,000 or less. However, Items 11 and 12, which represent the amount Plaintiffs settled for, equate to $92,500. 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), Petitioner must otherwise bring this petition using MC-350 [Rev. January 1, 2021].¿¿ 

Additionally, Petitioner indicates that the net balance will be delivered directly to Claimant which requires the name and address of the parent to be specified in Attachment 19b(4). However, Petitioner instead provides Attachment 19(b)(2), which is for money to be deposited into a blocked account. Petitioner (through Counsel) is requested to carefully review the petition and to select the correct disposition. If the net settlement is intended to be deposited into a blocked account, then Petitioner must also file an Order to Deposit Funds Into Blocked Account (MC-355). 

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.