Judge Steven A. Ellis, Case Number: 21STCV34843, Date: 2024-12-06 Tentative Ruling

Judge: Steven A. Ellis, Case: 21STCV34843, Date: 2024-12-06 Tentative Ruling

Case Number: 21STCV34843 Hearing Date: December 6, 2024 Dept: 29

Katz v. Solovev
21STCV34843
Petition for Approval of Minor’s Compromise for Claimant Charlee Katz (Age 16).

Tentative:

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

The Court has reviewed the Petition for Approval of Minor’s Compromise and proposed orders filed on November 6, 2024. The Court finds that there are a number of issues that must be addressed before the Court can approve the petition.

First, Petitioner’s Application for Guardian Ad Litem was rejected on October 7, 2021; no further application has been filed. As Claimant is a minor, a Guardian Ad Litem must be appointed.

Second, Claimant’s birthday on the petition and order do not match the birthday provided on the Guardian Ad Litem application.

Third, Item 12a(5) incorrectly lists $4,830 to be reimbursed from liens. This incorrect amount is listed again on 12a(5)(ii) as well as a second amount, $2,250. Both amounts are incorrect. Based on the liens provided in the filing, the amount owed is $4,240. This incorrect listed amount does not affect the total medical expenses to be reimbursed of $5,790, which appears to be correct.

Fourth, Declaration of Brent Gerome is unclear, as two amounts sought are listed, 40% at $6,000 and 25% at $3,750. Further, the declaration does not sufficiently address the factors listed in California Rules of Court, rule 7.955(b).

Fifth, on both proposed orders, Item 1 is either blank or fails to include the hearing date.

Sixth, on the proposed order filed on form MC-351, Item 8a(3) fails to list all medical providers to be reimbursed and no Attachment 8a(3) is included.

Seventh, on the proposed order filed on form MC-351, Item 8a(4) incorrectly lists two amounts to be paid to Carelon Health as the column line-item states $1,550, but the amount in the description is $1,650.

Accordingly, the Court CONTINUES the hearing re Petition for Approval of Minor’s Compromise for Charlee Katz (Age 16) to __/__/2025 at 01:30 P.M. in Department 29 at Spring Street Courthouse.