Judge: Teresa A. Beaudet, Case: 23STCV08806, Date: 2024-11-18 Tentative Ruling

Case Number: 23STCV08806    Hearing Date: November 18, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Background

Plaintiff Daniela Xiomara Castro Salguero, a Minor by and through her Guardian Ad Litem, Erika Salguero filed this medical malpractice action on April 20, 2023 against Defendants Dr. Andre Gharibian and Kids Dental Home. 

The parties have reached a settlement in this matter. Erika Salguero as Petitioner for Claimant “Daniela Xiomara Castro” (“Petitioner”) now petitions for the Court’s approval of the settlement on behalf of the Claimant. 

            Discussion

An enforceable settlement of a minor’s claim can only be consummated with court approval. (Prob. Code, § 3500.) “A petition 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 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).” (Cal. Rules of Court, rule 7.950, emphasis in original.)  

Here, the petition is prepared on form MC-350 and is verified by Petitioner. However, the Court notes a few defects with the petition.

First, it does not appear that any proof of service was filed with the petition. 

Second, Item 2 of the petition indicates that the Claimant’s name is “Daniela Xiomara Castro.” However, the plaintiff named in the Complaint is “Daniela Xiomara Castro Salguero.”

Third, no proposed order on Form MC-351 was submitted with the petition.

Fourth, Item 17(a)(2) of the petition provides that “Petitioner has been represented or assisted by an attorney in preparing this petition or with respect to the claim asserted. Petitioner and the attorney…[do] have an agreement for services provided in connection with the claim giving rise to this petition.” Item 17(a)(2) further provides, “(If you answered ‘do,’ attach a copy of the agreement as Attachment 17a, and complete items 17b–17f.).” Exhibit 17a to the instant petition is a Legal Services Agreement from “Troshchiy Law Firm.” However, Item 17(b) of the petition indicates that the attorney who represented or assisted petitioner is Donald E. Karpel, Esq. of the law firm Karpel & Nero. No explanation appears to have been provided as to this discrepancy.

            Conclusion

Based on the foregoing, the petition is denied without prejudice. Petitioner is to deliver to Dept. 50 courtesy copies of any new petition filed in this matter. Petitioner is to give notice of this Order.  

DATED:  November 18, 2024                       ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court