Case Number: BC468987    Hearing Date: July 15, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

MELGAR
Plaintiff(s),
vs.
GENERAL ELECTRIC, et al.,
Defendant(s). )
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) Case No.: BC468967

[TENTATIVE] ORDER DENYING PLAINTIFF’S EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM AND EXPEDITED PETITION TO APPROVE COMPROMISE OF PENDING ACTION WITHOUT PREJUDICE

Dept. 92
No hearing date is requested

Plaintiff’s Expedited Petition to Approve Compromise of Disputed Claim and Expedited Petition to Approve Compromise of Pending Action Are Denied Without Prejudice.

1. Facts
Plaintiffs, Yasmin Melgar and Chasity Ramirez, minors, by and through their Parent and Guardian ad litem Wendy Ramirez, filed this action against Defendants, General Electric, et al. for damages arising out of an accident where a free standing Kenmore stove toppled over and splashed scalding liquids, resulting in permanent burn injuries and severe emotional distress. Plaintiff Yasmin Melgar was the most severely burned, and received permanent scars from deep second degree burns covering approximately 20% of her total body surface area. Plaintiff Chasity Ramirez was also permanently scarred where she sustained first and second degree burns. Mother Wendy Ramirez suffered severe emotional distress when she witnessed her two daughters being scalded by burning hot liquids.

2. Expedited Petitions to Approve Compromise of Disputed Claim and Compromise of Pending Action
On 4/18/2013 Plaintiffs filed expedited petitions to approve compromise of disputed claim and to approve compromise of pending action. The claim is the subject of a pending action with a trial date of 1/15/2014. By way of settlement, Defendants have offered to pay $20,000 to Plaintiff Yasmin Melgar, $10,000 to Plaintiff Wendy Ramirez, and $5,000 to Plaintiff Chasity Ramirez, for a total amount of $35,000 exclusive of interests and costs.

Total medical expenses for Plaintiff Yasmin Melgar of $95,271.80 have been paid in part by Medi-Cal. Medi-Cal contributed $24,351.83, and reduced total expenses by $68,911.82. Total medical liens to be paid or reimbursed to Medi-Cal from proceeds total $2,008.15. Plaintiff Chasity Ramirez’s medical expenses total $2995.35. $43.16 was paid, and $2,953.19 was reduced.

Attorney fees total $5,000 (25% of gross recovery), and additional attorney expenses and costs total $10,983.70 for all three plaintiffs combined, the cost for each plaintiff is based on their individual percentage of the gross recovery. Yasmin Melgar with $20,000 of recovery is 57% of the gross recovery and attorney costs, Chasity Ramirez with $5,000 is 14% of the gross recovery and attorney costs, and Wendy Ramirez with $10,000 is 29% of the gross recovery and attorney costs.

The balance of proceeds for Plaintiff Yasmin Melgar total $6,715.85 and $2,181 for Plaintiff Chasity Ramirez (medical expenses, attorney fees, and attorney costs subtracted from the $20,000 settlement).
In the expedited petition for Chasity Ramirez, Petitioner in item 13b(3) has failed to correctly report apportioned settlement payments. Petitioner incorrectly states that Plaintiff Yasmin Melgar’s recovery payment totals $200,000. The correct answer is a settlement apportionment to Yasmin Melgar for $20,000.

Furthermore, the Court finds attorney costs and fees of $10,983.70 are not reasonable. Attorney costs and fees should not include travel, meals, and hotels.

Court approval is required for settlements on behalf of minors or incompetents. [Prob.C. §§ 2504, 3500, 3600 et seq.; Cal. Civ. Proc. Code § 372]. The mandatory conditions relating to court approval, attorney fees and litigation costs, and withdrawal of deposited funds have for the most part been satisfied. [CA ST PROBATE Rule 7.950.5(a)]. However, the court may order otherwise. [CA ST PROBATE Rule 7.950.5(a)(9)]. The expedited petition forms have been incorrectly completed as to item 13b(3) in Chasity Ramirez’s expedited petition, and attorney fees and costs of $10,983.70 are unreasonable. Therefore, this court intends to deny the expedited petitions to approve compromise of disputed claim and compromise of pending action for minors Yasmin Melgar and Chasity Ramirez unless these matters are corrected on or before July 15, 2013.

Dated this __ day of June, 2013

Amy D. Hogue
Judge of the Superior Court