Judge: Steven A. Ellis, Case: 23STCV05129, Date: 2025-01-02 Tentative Ruling

Case Number: 23STCV05129    Hearing Date: January 2, 2025    Dept: 29

Serrano v. Suh
23STCV05129
Petition for Approval of Minor’s Compromise for Claimant Vladamir Serrano (Age 15).

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 December 9, 2024. The Court finds a number of issues that must be addressed before the Court can grant the petition.

First, Petitioner has not provided Attachment 8 including an original or photocopy of a doctor’s report containing a diagnosis of Claimant’s injuries.  This is required.

Second, Item 12 is unclear in a number of respects.  It appears that the only medical expenses that must be paid from the settlement are $850 to Dr. Isaac Regev and a Medi-Cal lien of $91.06.  It appears that Petition has paid $5,200 in medical expenses for claimant but is not seeking reimbursement.  If that is correct, then the amount in Items 12a(4) and 12a(5) should be $941.06.  (The Court notes that this is the amount listed in Item 16b.)

Third, Item 12b(5) is unclear.  The total amount of the liens to be paid from the judgment appears to be $941.06, but the amount listed is $5,941.06.

Fourth, the declaration from counsel attached as Attachment 13a is unsigned.

Fifth, Item 14 is filled out incorrectly.  This Item is for the reimbursement of fees and expenses paid by petitioner, but the amounts listed here are for medical expenses to be paid from the settlement to the providers or lienholders ($941.06), attorneys’ fees to be paid from the settlement ($170,000), and non-medical expenses to be paid to counsel from the settlement ($4,078.60).  Unless petitioner has advanced some or all of these funds, this item should be blank.

Sixth, one of the boxes in Item 18b must be checked.  Based on the proposed orders, it appears that the box that should be checked is 18b(2).  If that is correct, an attachment 18b(2) must be included.

Seventh, on the proposed order, form MC-351, the amount in Item 8a(5) must not be blank.

These issues must be addressed before the Court can grant the Petition.

To allow Petitioner to address these issues, the Court CONTINUES the hearing re Petition for Approval of Minor’s Compromise for Vladamir Serrano (Age 15) to __/__/2025 at 01:30 P.M. in Department 29 at Spring Street Courthouse.