In re the Matter of Alejandro Garcia, Jr.

Case Number

25PR00505

Case Type

Hearing Date / Time

Tue, 10/28/2025 - 09:00

Nature of Proceedings

Minor's Compromise

Tentative Ruling

Probate Notes:

The following deficiencies with the petition must be rectified.

Unsupported Medical Payment Reimbursement.  The petition lists $6,244.88 in medical expenses to be paid out of the recovery, but does not break those reimbursements down as required by the Petition at attachment 13a.  A supplement to the petition must be submitted showing the breakdown of who is owed what, and an explanation must be given as to why those expenses were incurred when the minor qualified for Medi-Cal benefits. Unnecessary medical expenses that Medi-Cal would have covered will not be reimbursed.

Documentation of Recovery.  There is no follow up documentation showing minor is fully recovered.  Adequate documentation that the minor has fully recovered, or is expected to fully recover from the injuries.  The attachments supporting the allegation at paragraph 9 of the petition do not support a finding that the minor will fully recover.  Please note: It is insufficient to attach the initial medical records. The Court needs confirmation of a full recovery, thus current, recent records showing minor suffers no symptoms from the original injury are required

Sufficient Investigation.  If minor will not make full recovery, there must be adequate evidence of sufficient investigation into the solvency of the settling defendant above the policy limits of the settling insurance company must be submitted.  There are no facts alleged that defendant cannot meet a judgment past the policy limits, and evidence on file shows the injury may be more severe than the amount of the settlement will compensate for.

If such deficiencies are adequately addressed prior to the hearing, the court may sign the Order Approving Compromise and vacate the hearing date.

 In re the Matter of Alejandro Garcia, Jr.