Matter of Areli Hernandez
Matter of Areli Hernandez
Case Number
24PR00344
Case Type
Hearing Date / Time
Wed, 07/03/2024 - 08:30
Nature of Proceedings
Minor’s Compromise
Tentative Ruling
Probate Notes:
Personal (in-person) appearances required, including the minor. (CRC 7.952.)
The following must be submitted before petition may be approved:
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 of “no personal property” in the attachments of the petitions are insufficient to show an asset search was performed.
Improper medical reimbursement claims. The settlement is for wrongful death claims, yet the petition lists medical expenses and reductions for reimbursement for DHCS claims against the minors’ mother. Supplement is required to show the Court how DCHS’s liens can legally attach to a wrongful death claim by a third party who did not receive the medical services provided.