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.