Petition to Compromise Minor’s Claim
(48) Tentative Ruling
Re: In re: Graceson A. Vongsaly Superior Court Case No. 26CECG00722
Hearing Date: June 25, 2026 (Dept. 502)
Motion: Petition to Compromise Minor’s Claim
If oral argument is timely requested, it will be entertained on Wednesday, July 8, 2026, at 3:30 p.m. in Department 502.
Tentative Ruling:
To deny, without prejudice, the petition to approve the compromised claim of minor Graceson A. Vongsaly. Petitioner must file an amended petition, with appropriate supporting papers and proposed orders, and obtain a new hearing date for consideration of the amended petition. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.)
Explanation:
The petition submitted by petitioner seeks approval of the settlement of the personal injury claim of minor Graceson A. Vongsaly (“minor”) against Ivanny Ines Garcia Lopez, by and through their insurer, ESIS Insurance. There are issues with the petition that prevent approval.
The petition must be on form MC-350, verified by the petitioner and include all information having bearing on the reasonableness of the compromise. (Cal. Rules of Court, rule 7.950; Super. Ct. Fresno County, Local Rules, rule 2.8.4.)
The petition at Item 7 indicates the minor was evaluated at an emergency room, but the medical provider, the date of the evaluation, and the diagnosis or treatment is not indicated. There is not an attachment to the petition, such as Attachment 8, providing a medical report to reflect a diagnosis or prognosis provided. Supporting medical records must be attached as Attachment 8.
The total medical expenses, reductions of medical expenses, and the resulting balance of medical expenses appear to be inconsistent between the petition, the attached declaration, and attached documentation. As such, the petition may need to be corrected at Items 12a and 12b. Evidence of medical expenses and all negotiated reductions must be provided to support the resulting payment from the settlement. As such, evidence of the medical costs incurred by the minor and evidence of the agreed reductions are requested.
Moreover, the terms of the settlement acknowledge that minor is a Medicaid recipient, which operates in California as Medi-Cal. No information was provided by way of a lien notice or letter from the California Department of Health Care Services that recovery of any benefits paid by it are waived. This alone requires the petition be denied. 13
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The name of the financial institution for which the balance of minor’s settlement is to be deposited must be provided in Attachment 18b(2).
The proposed order (MC-351) must be completed. Items 5, 6b, 8a, 8b, 9, 9c, and 10 are incomplete, therefore, the court requests a completed proposed order. Additionally, the proposed Order to Deposit Funds into Blocked Account (MC-355) filed with the court was incomplete at Item 4, thus, a corrected order is requested.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: lmg on 6-24-26. (Judge’s initials) (Date)
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