Judge: Serena R. Murillo, Case: 22STCV07233, Date: 2023-05-17 Tentative Ruling

Case Number: 22STCV07233    Hearing Date: May 17, 2023    Dept: 31

TENTATIVE 

 The hearing on the Minor's Compromise is CONTINUED to June 20, 2023 at 8:30 a.m.

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of Minor (L.A., age 11). The Court finds the settlement reasonable. However, the Court notes the following issues which preclude the court from granting the petition at this time.

First, it is unknown how much Petitioner will pay for the medical expenses Claimant incurred. Item 12 of the petition does not indicate any amount. Only Item 12(b)(4) says that notice of this claim has been given to Medi-Cal’s Director of Health Care Services and “any Medi-Cal lien to be paid by petitioner.” Attachment 12(b)(4) appears to be an acknowledgment from the Department of Health Care Services, nothing more. The acknowledgment does not state on whose award it will be placed—the Petitioner or Claimant.

Second, Petitioner claims that Claimant has not recovered completely from her injuries. However, Petitioner has not attached a doctor’s report containing a diagnosis of Claimant’s injuries or a prognosis for Claimant’s recovery or a report of the Claimant’s current condition.

 Third, the Court has considered the Declaration of Zainah Alfi in support of the fee request. The Court finds that on the current record, and in consideration of the factors set forth in Cal Rules of Court, Rule 7.955(b), a fee of 22% of the gross settlement is reasonable.

The matter is continued for 30 days so that Petitioner's Counsel can rectify the foregoing issues. 
Petitioner to give notice.