JOSE LUISE RIVERA VS LOUISE J FELIX

Petition to Approve Minor’s Compromise of Pending Action

Having considered the moving papers, the Court rules as follows.  No opposition was filed.

BACKGROUND

In BC590317, on April 30, 2015, Plaintiff Jose Luise Rivera filed a complaint against Defendant Louise J. Felix (“Defendant”) alleging negligence and premises liability for an electrocution that occurred on May 15, 2013 while Plaintiff Rivera was attempting to rescue a child who was being electrocuted.

In BC589142, on July 24, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed a complaint against Defendant Louise J. Felix alleging negligence and premises liability for an electrocution that occurred on May 15, 2013.

In BC589142, on August 3, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed an amended complaint to name Does 1-25 as defendants.

In BC580317, on September 18, 2015, Defendant Felix filed a cross-complaint against Roes 1-20 seeking express and implied indemnity, declaratory relief, and apportionment.

On January 5, 2016, the Court consolidated BC589142 with BC580317, ordering BC580317 as the lead case.

On June 4, 2018, the Court issued an order declaring a settlement entered between Defendant Felix and Plaintiff M.B. to be made in good faith.

On February 21, 2019, the Court noted that the matter is not ready to be dismissed because the settlement on behalf of the minor has not yet been approved by the Court. Counsel for the Plaintiff informed the Court that a petition to approve the minor’s compromise will be submitted shortly. As a result, the Court continued the OSC re dismissal to June 17, 2019. In the meantime, however, Plaintiff has failed to file a petition seeking approval of the minor’s compromise.

On June 12, 2019, the Court ordered Plaintiff M.B.’s counsel to file a petition for minor’s compromise for Plaintiff M.B. regarding the settlement agreement entered into with Defendant Felix within 30 days of the order.

On August 12, 2019, the Court noted that Plaintiff M.B. had failed to file a petition for minor’s compromise that the court had ordered on June 12, 2019 be filed with the Court.  The Court then ordered to file a petition within 30 days of the order and continued the hearing on the petition to October 24, 2019.

On September 24, 2019, Petitioner Elsa Magali Varela filed an expedited petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa. 

On October 24, 2019, the Court continued the hearing on the expedited petition to October 31, 2019.  The Court ordered Petitioner Varela to file and serve a copy of the notice and proof of delivery of a notice of the claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14125.73 by October 29, 2019.

On October 31, 2019, the Court continued the hearing on the expedited petition to December 2, 2019.  The Court ordered Petitioner Varela 

Trial is not set in this matter.

PARTY’S REQUESTS

Plaintiff Elsa Magali Varela (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount. 

DISCUSSION

On October 24, 2019, the Court continued the hearing on the petition to confirm minor’s compromise to October 31, 2019.  The Court noted that Petitioner failed to attach or file a copy of the notice and proof of delivery of a notice of this claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14125.73. y no later than by close of business on October 29, 2019. 

On October 29, 2019, Petitioner filed and served a copy of the notice and proof of delivery of a notice of this claim or action to the State Director of Health Care Services under Welfare and Institutions Code section 14124.73.  The October 24, 2019 service on the state department did not provide adequate notice for it to have an opportunity to ensure its interests were represented pursuant to section 14124.73.  As such, the Court continued the hearing on the petition to December 2, 2019.  The Court finds adequate notice has been provided pursuant to the Welfare and Institutions Code and now addresses the merits of the petition.

The Court finds the petition is properly approved.  The petition is properly filled out and all required attachments are included with the petition.  Defendant Felix is to pay Claimant $6,656 for an electrocution, puncture to the right thigh, mental anguish, and sleeping problems caused when Plaintiff was electrocuted when trying to retrieve a ball.  Claimant has recovered completely.  $1,783.34 of the gross settlement is to be paid for medical liens.  Those medical liens consist of $120 to Industrial Health Care, $80 to Oceanview Medical & Surgical, $100 to California Stress Control, and $1,483.34 to the Department of Health Care Services.  $780 are to be paid to Petitioner’s counsel for costs.  $1,664, or 25% of the settlement, is to be paid to Petitioner’s counsel.  This amount of attorney’s fees is justified by the work detailed in Petitioner’s counsel’s declaration attached as Attachment 15(a).

The remaining net settlement of $2,428.66 is to be paid to Claimant’s parent, Elsa Magaly Varela at 10424 S. Gramercy Place, Los Angeles, California 90047.  The net settlement is to be paid upon the terms and under the conditions specified in Probate Code sections 3401-3402, without bond.

The petition is therefore APPROVED.

The Court shall approve the proposed order approving this petition concurrently filed with the petition on September 24, 2019.

Petitioner is ordered to give notice of this ruling.

Petition to Approve Minor’s Compromise of Pending Action

Having considered the moving papers, the Court rules as follows.  No opposition was filed.

BACKGROUND

In BC590317, on April 30, 2015, Plaintiff Jose Luise Rivera filed a complaint against Defendant Louise J. Felix (“Defendant”) alleging negligence and premises liability for an electrocution that occurred on May 15, 2013 while Plaintiff Rivera was attempting to rescue a child who was being electrocuted.

In BC589142, on July 24, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed a complaint against Defendant Louise J. Felix alleging negligence and premises liability for an electrocution that occurred on May 15, 2013.

In BC589142, on August 3, 2015, Plaintiff M.B., by and through his guardian ad litem, Elsa Magali Varela, filed an amended complaint to name Does 1-25 as defendants.

In BC580317, on September 18, 2015, Defendant Felix filed a cross-complaint against Roes 1-20 seeking express and implied indemnity, declaratory relief, and apportionment.

On January 5, 2016, the Court consolidated BC589142 with BC580317, ordering BC580317 as the lead case.

On June 4, 2018, the Court issued an order declaring a settlement entered between Defendant Felix and Plaintiff M.B. to be made in good faith.

On February 21, 2019, the Court noted that the matter is not ready to be dismissed because the settlement on behalf of the minor has not yet been approved by the Court. Counsel for the Plaintiff informed the Court that a petition to approve the minor’s compromise will be submitted shortly. As a result, the Court continued the OSC re dismissal to June 17, 2019. In the meantime, however, Plaintiff had failed to file a petition seeking approval of the minor’s compromise.

On June 12, 2019, the Court ordered Plaintiff to file a petition for minor’s compromise for Plaintiff M.B. regarding the settlement agreement entered into with Defendant Felix within 30 days of the order.

On August 12, 2019, the Court noted that Plaintiff M.B. had failed to file a petition for minor’s compromise that the court had ordered on June 12, 2019 be filed with the court. The Court then ordered to file a petition within 30 days of the order and continued the hearing on the petition to October 24, 2019.

On September 24, 2019, Plaintiff filed an expedited petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa. 

Trial is not set in this matter.

PARTY’S REQUESTS

Plaintiff Elsa Magali Varela (“Petitioner”) requests that the Court grant the petition to approve a compromise of pending action for Plaintiff Maximiliano Barbosa (“Claimant”).

LEGAL STANDARD

Pursuant to California Rules of Court, Rule 7.952(a), Petitioner and Claimant are required to attend the hearing on the petition.  However, the Court finds that Claimant’s attendance is not required due to Claimant’s age and the settlement amount. 

DISCUSSION

On October 24, 2019, the Court continued the hearing on the petition to confirm minor’s compromise to October 31, 2019.  The Court noted that Petitioner failed to attach or file a copy of the notice and proof of delivery of a notice of this claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14124.73. y no later than by close of business on October 29, 2019. 

On October 29, 2019, Petitioner filed and served a copy of the notice and proof of delivery of a notice of this claim or action given to the State Director of Health Care Services under Welfare and Institutions Code section 14124.73. opportunity to ensure that [its] interests are represented int eh action or claim against a liable third party or carrier,” as is required under the statute.

Therefore, the hearing on the petition is CONTINUED to December 2, 2019 at 1:30 p.m. in Department 4A. 

Petitioner is ordered to give notice to all parties and to the State Director of Health Care Services of this ruling.