IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
August 25, 2011
KHARYL PINEDA, A MINOR, BY AND THROUGH KATHERINE PINEDA, HIS GUARDIAN AD LITEM,
ORDER RE: PLAINTIFF'S PETITION FOR MINOR'S COMPROMISE
Katherine Pineda, the mother and guardian ad litem of Plaintiff Kharyl Pineda ("Plaintiff"), petitions the Court for 16 approval of a minor's compromise. ECF No. 35 ("Pet.").
Plaintiff's Complaint alleges that he suffered injuries after he 18 slipped and fell on Defendant Target Corporation's ("Defendant") 19 premises. Id. ¶ 5. On May 2, 2011, the Court denied the parties' 20 first motion to settle this action for $3,600. ECF No. 28. On July 14, 2011, the parties participated in a settlement conference 22 with Magistrate Judge Nandor Vadas. Id. ¶ 9. During this 23 conference, Plaintiff's guardian accepted Defendant's settlement 24 offer of $4,600. Id. ¶ 10. The parties agreed to allow the Court 25 to rule as to how much of this amount would be deposited in an 26 account for the benefit of Plaintiff and how much would be 27 distributed to Plaintiff's guardian, Plaintiff's counsel, and any 28 statutory or contractual lienholders. Id. ¶ 12.
Permanente/Healthcare Recoveries ("Kaiser") has agreed to accept Plaintiff's counsel alleges the following: that Kaiser $292.88 as satisfaction of an alleged lien for Plaintiff's related 4 medical expenses; that Plaintiff's guardian incurred $265 in out-5 of-pocket expenses in the form of co-pays to Kaiser and American Medical Response; and that Plaintiff is contractually obligated to 7 pay Plaintiff's counsel "one-third of any amount collected on 8 behalf of the Plaintiff plus reimbursement of costs incurred and 9 advanced on behalf of the Plaintiff." Id. ¶¶ 12, 16, 17.
in a blocked account, with no withdrawals of interest or principal 12 made without approval of the Court until Plaintiff turns eighteen.
Plaintiff's benefit absent adequate documentation. Plaintiff's 15 counsel attaches a letter from Kaiser evidencing its willingness to 16 accept $292.88 in satisfaction of the alleged lien, but this 17 agreement references the rejected $3,600 settlement and states that Kaiser retains "the right to be reimbursed from any additional 19 sources of recovery that may become available." Id. Ex. 2. As 20 such, there is insufficient evidence that Kaiser has perfected a 21 lien or that Kaiser has agreed to accept $292.88 of the $4,600 22 settlement in satisfaction of this lien. No evidence is submitted 23 to support Plaintiff's guardian's out-of-pocket expenses, Plaintiff's contractual obligation to pay Plaintiff's counsel one-25 third of the settlement proceeds, or Plaintiff's counsel's alleged 26 unreimbursed expenses (which Plaintiff's counsel alleges total $2,854.69). Accordingly, Plaintiff's counsel, Plaintiff's 28 guardian, and any lienholders seeking a portion of the settlement Because Plaintiff is a minor, the settlement will be deposited
The Court will not reduce the amount to be deposited for amount are given fifteen (15) days to provide the Court with 2 documentation supporting these set-asides. If no appropriate 3 evidence is provided within this time frame, the Court will direct Defendant to deposit the settlement proceeds in Plaintiff's blocked account.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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