Matter of Xander Blackwell

Case Number

24PR00315

Case Type

Hearing Date / Time

Tue, 08/13/2024 - 09:00

Nature of Proceedings

Minor’s Compromise

Tentative Ruling

Probate Notes:

Appearances required.

The following must be addressed before the hearing:

Adequate evidence of sufficient investigation into the solvency of the settling defendant above the policy limits of the settling insurance company.  There are no facts alleged that defendant cannot meet a judgment past the policy limits.  The allegations in the petition are insufficient to show an asset search was performed.

Further Briefing re: Improper medical reimbursement claims.  The proposed settlement is for wrongful death claims, yet the petition lists medical expenses and reductions for reimbursement for DHCS claims against the minors’ parent.  Supplement including points and authorities is required to show the Court how DHCS’s liens can legally attach to a wrongful death claim by a third party who did not receive the medical services provided.