Judge: Peter A. Hernandez, Case: 23PSCV02886, Date: 2023-12-12 Tentative Ruling
Case Number: 23PSCV02886 Hearing Date: February 22, 2024 Dept: K
Petitioner Maria Villanueva’s Petition for
Expedited Approval of Compromise of Claim or
Action or Disposition of Proceeds of
Judgment for Minor or Person with a Disability is
GRANTED [but see below].
Background
Plaintiff Lesly Rodriguez, by and through her Guardian ad Litem, Maria Villanueva (“Plaintiff”) sustained injuries in a September 22, 2021 motor vehicle accident.
On September 20, 2023, Plaintiff filed a complaint, asserting a cause of action against Bessi Guevara (“Defendant”) and Does 1-10 for:
1. Negligence
A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for February 22, 2024.
Legal Standard
“If all the circumstances specified in paragraphs (1) through (9) of this rule exist, a petitioner for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor’s disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 may satisfy the disclosure requirements of rule 7.950 by submitting the petition on a completed Petition for Expedited Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350EX).
(1)
The petitioner is represented by an attorney authorized to practice in the
courts of this state;
(2)
The claim is not for damages for the wrongful death of a person;
(3)
No portion of the net proceeds of the compromise, settlement, or judgment in
favor of the minor or disabled claimant is to be placed in a trust;
(4)
There are no unresolved disputes concerning liens to be satisfied from the
proceeds of the compromise, settlement, or judgment;
(5)
The petitioner's attorney did not become involved in the matter at the direct
or indirect request of a person against whom the claim is asserted or an
insurance carrier for that person;
(6)
The petitioner's attorney is neither employed by nor associated with a
defendant or insurance carrier in connection with the petition;
(7)
If an action has been filed on the claim:
(A)
All defendants that have appeared in the action are participating in the
compromise; or
(B)
The court has finally determined that the settling parties entered into the
settlement in good faith;
(8)
The judgment for the minor or claimant with a disability (exclusive of interest
and costs) or the total amount payable to the minor or claimant with a
disability and all other parties under the proposed compromise or settlement is
$50,000 or less or, if greater:
(A)
The total amount payable to the minor or claimant with a disability represents
payment of the individual-person policy limits of all liability insurance
policies covering all proposed contributing parties; and
(B)
All proposed contributing parties would be substantially unable to discharge an
adverse judgment on the claim from assets other than the proceeds of their
liability insurance policies; and
(9)
The court does not otherwise order.” (Cal. Rules Court, Rule 7.950.5, subd.
(a).)
“An expedited petition must be determined by the court not more than 35 days after it is filed, unless a hearing is requested, required, or scheduled under (c), or the time for determination is extended for good cause by order of the court.” (Cal. Rules Court, Rule 7.950.5, subd. (b).)
“The petition for expedited approval must be determined by the court without a hearing unless: (A) A hearing is requested by the petitioner at the time the petition is filed; (B) An objection or other opposition to the petition is filed by an interested party; or (C) A hearing is scheduled by the court under (2) or (3).” (Cal. Rules Court, Rule 7.950.5, subd. (c)(1).)
“The court may, on its own motion, elect to schedule and conduct a hearing on a petition for expedited approval. The court must make its election to schedule the hearing and must give notice of its election and the date, time, and place of the hearing to the petitioner and all other interested parties not more than 25 days after the date the petition is filed.” (Cal. Rules Court, Rule 7.950.5, subd. (c)(2).)
“If the court decides not to grant a petition for expedited approval in full as requested, it must schedule a hearing and give notice of its intended ruling and the date, time, and place of the hearing to the petitioner and all other interested parties within the time provided in (2).” (Cal. Rules Court, Rule 7.950.5, subd. (c)(3).)
Discussion
Petitioner Maria Villanueva (“Petitioner”) moves, per California Rules of Court (“CRC’) Rule 7.950.5, for approval of the disposition of proceeds of judgment for Lesly Rodriguez (“Claimant”). Petitioner is the parent and Guardian ad Litem of Claimant.
Petitioner represents that Claimant is 16 years old (DOB 01/13/2007)[1]. (Petition, ¶ 2).
Petitioner represents that Claimant’s claim or action is not for damages for the death of a person caused by the wrongful act or neglect of another, that no portion of the net proceeds of the judgment or settlement in favor of Claimant is to be placed in a trust and that there are no unresolved disputes concerning liens to be satisfied from the proceeds of the judgment or settlement. (Id., ¶ 3). Petitioner further represents that Petitioner’s attorney did not become involved with this matter, directly or indirectly, at the request of a party against whom the claim is asserted or a party’s insurance carrier, that Petitioner’s attorney is not representing, employed by, or associated with a defendant in this matter or an insurance carrier and that all defendants that have appeared in a pending action on the claim are participating in the proposed compromise or the court has made a final determination that all settling parties entered into the settlement in good faith. (Id.) Petitioner represents that the total settlement payable to Claimant and all other persons named in item 12 is in the amount of $50,000.00 or less. (Id.)
Petitioner represents that Claimant’s claim is the subject of Case No. 23PSCV02886 and arises out of a September 22, 2021 motor vehicle collision in Covina, California. (Id., ¶¶ 4-5). Claimant was a passenger in a vehicle on Citrus getting ready to make a left turn when Defendant, who was approaching from Badillo Street, lost control and “T-boned” the vehicle Claimant was in. (Id., ¶ 6). Claimant sustained moderate to severe right upper back and shoulder pain (Id., ¶ 7).
Claimant received chiropractic
care, orthopedic care, an MRI and acupuncture. (Id., ¶ 8). Claimant has
recovered completely from the effects of his injuries, and there are no
permanent injuries. (Id., ¶ 9).
Petitioner represents that Defendant has offered to pay Claimant $13,000.00 for complete settlement of all of Claimant’s claims against her. (Id., ¶ 11.) Defendant has also offered to settle with Kimberly Rodriguez (“Kimberly”) for $12,000.00 and with Nayeli Rodriguez (“Nayeli”) for $5,000.00. (Id., ¶ 12). Kimberly and Nayeli are the other occupants of the vehicle Claimant was riding in at the time of the collision. (Id., ¶ 5). The $30,000.00 in total offered by Defendant constitutes total policy limits. (Id., Attachment 12).
Petitioner represents that Claimant’s total medical expenses before reductions is $10,665.00. (Id., ¶ 13). None of Claimant’s medical expenses have been paid by Medicare. (Id.). None of Claimant’s medical expenses have been paid by Medi-Cal. (Id.)
Petitioner represents that there are one or more liens from medical service providers for payment of Claimant’s medical expenses and that, in full satisfaction of their lien claims, the lienholders have agreed to accept the sum of $4,333.00. (Id.)
Petitioner represents that the latest statements from all medical service providers are attached as Attachment 13g. The figure is actually $4,332.61, not $4,333.00, as per Attachment 13g (i.e., $792.31 from Haven Orthopedics & Spine Institute, $1,200.00 from Riverside Elite Imaging, $747.61 from Revive Chiropractic and Acupuncture and $1,592.69 from Clinic West Covina).
Petitioner seeks court approval for payment of $3,250.00 in attorney’s fees. (Id., ¶ 14; Attachment 14a.)
Counsel has provided a declaration that addresses the factors listed in Cal. Rules of Court 7.955(b) that are applicable to the matter before the court.
Petitioner represents that the $4,982.00 balance of proceeds from the settlement will be deposited into an insured account at Bank of America in Covina, CA. (Petition, ¶ 19; Attachment 19b(2).) The balance of proceeds from the settlement is actually $4,982.39.
The petition is granted; however, Petitioner is to provide the court with a revised “Order to Deposit Funds in Blocked Account” correcting the amount listed in Paragraph 4 to $4,982.39. Petitioner is also to provide the court with a revised “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability,” correcting the amount listed in Paragraph 8.a.(3) to $4,332.61, the amount listed in Paragraph 8.a.(3)(b)(ii) to $747.61, the amount listed in 8.a.(5) to $8,017.61 and the amounts listed in Paragraph 8.b. and 8.b.(1) to $4,982.39.