Judge: William A. Crowfoot, Case: 20STCV35627, Date: 2022-09-12 Tentative Ruling

Case Number: 20STCV35627    Hearing Date: September 12, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Claimant Orlando Abisai Parada (“Claimant”), a minor, by and through his Guardian Ad Litem, Judy Xiomara Mejia (“Petitioner”), has agreed to settle his claims against Defendants Rosa Rodriguez, Virgilio Mejia, and Petitioner in exchange for $105,378.68.  If approved, $10,045 will be used for medical expenses, $26,344.67 will be used for attorney’s fees, and $435 will be used for non-medical expenses, leaving a balance of $68,554.01 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The petition must be verified and “must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.”  (CRC 7.950.)  Here, the Petition fails to include any evidence that Claimant’s medical providers and health insurers have agreed to accept $10,045 in lieu of $17,659.  (Petition, Rulsky Decl. (Attachment No. 13A), ¶ 6.) 

Also, there are 3 proposed orders approving the petition and 3 proposed orders to deposit money into blocked account when there should only be 1 of each.  The Court’s direction on August 2, 2022, to file 1 petition in lieu of 3 applies equally to the proposed orders. 

The hearing on the Petition is therefore CONTINUED to October 3, 2022 at 1:30 p.m. so that Petitioner may provide evidence of any negotiated reduction in medical expenses.  Petitioner is also directed to submit a revised proposed order approving the Petition and a revised proposed order to deposit money in blocked account. 

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Petitioner and Claimant’s appearances are not necessary, but will require Petitioner’s counsel to appear.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.