Re: Zariah Florez v. Saint Agnes Medical Ctr.
Superior Court Case No. 16CECG01445
Hearing Date: Wednesday February 28, 2018 (Dept. 501)
Motion: Petition to Compromise a Minor’s Claim
Tentative Ruling:

To deny the petition, without prejudice. Petitioner must file an amended petition, and obtain a new hearing date for consideration of the amended petition. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.)

Explanation:

The petition contains the following discrepancies and omissions:

1. Date of Injury (Pet. ¶ 5): The petition must adequately describe the events out of which the injuries arose.

Here, the date of injury is incorrect. It reads 4/3/13, but it should read 4/13/13.

2. Medical Expenses (Pet. ¶13, Attach 13): The total medical expenses and the total medical expenses to be paid or reimbursed from the proceeds must be provided.

Here, the amount of the Medi-Cal lien is still unknown; it must be provided before final approval.

3. Special Needs Trust (Pet. ¶ 20, Attach 19 (b)(4)): A properly noticed hearing is required when the case involves a special needs trust. (Prob. Code § 3611, subd.

(c).)

Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling
Issued By: MWS on 02/27/18

(Judge’s initials) (Date)