Judge: Thomas Falls, Case: 19STCV09008, Date: 2022-08-09 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Dept. R at 909-802-1117 before 8:30 the morning of the hearing.

Case Number: 19STCV09008    Hearing Date: August 9, 2022    Dept: R

Mercy Pimental, a minor, by and through her guardian ad litem, Ariluz Reyes De Pimentel v. Alex Huerta, et al. (19STCV09008)

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Plaintiff’s Petition for Expedited Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability

            Responding Party: Unopposed

Tentative Ruling

Plaintiff’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 DENIED without prejudice.

Background

Plaintiff Mercy Pimentel (“Plaintiff”) was injured when another student pushed her from behind while Plaintiff was walking to class.

On March 15, 2019, Plaintiff filed suit against Defendants ALEX HUERTA, an individual; AZUSA UNIFIED SCHOOL DISTRICT, a public entity; CENTER MIDDLE SCHOOL, a public entity; and DOES 1 through 100, inclusive for:

1.      VIOLATION OF CALIFORNIA GOVERNMENT CODE SECTION 815.6

2.      NEGLIGENCE

3.      BATTERY

4.      ASSAULT and

5.      PARENTAL LIABILITY

On March 25, 2022, Plaintiff filed a ‘Petition for Expedited Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability,’ which the court denied.

On July 19, 2022, Plaintiff refiled its Application.

Discussion

Previously, the court stated the following:

First, a requirement to approve such a Petition is that there are no liens.

Here, however, Medi-Cal has agreed accept $1,309.23 in full satisfaction of their lien and that “Medi-Cal paid $1,745.63 for services provided to Ms. Pimentel.” (Petition, Franzetti Decl., ¶¶6,9-10.) Accordingly, the existence of a lien contradicts the Petition wherein in states that “[n]one of the claimant's medical expenses have been paid by Medicare.

Here, the petition still provides for a medical lien.

Therefore, the petition is again denied.