In re Julieta Tapia Avila

(20) Tentative Ruling

Re: In re Julieta Tapia Avila Superior Court Case No. 26CU01664

Hearing Date: July 14, 2026 (Dept. 501)

Motion: Petition to Compromise Minor’s Claim

Tentative Ruling:

To deny the petition, without prejudice. Petitioner must file an amended petition, 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 at issue is denied without prejudice due to a number of deficiencies.

First, the numbers do not add up with regards to the medical expenses. According to the petition, total medical expenses before reductions total $153,952.24, minus $5,846.23 total medical expenses, minus $9,554.98 in negotiated reductions, leaving $4,384.68 to be paid from the settlement proceeds to satisfy a Medi-Cal lien. It is unclear what happened with the remaining $138,551.03 that has not been paid. See Petition section 12a.

Second, the petition omits certain required filings, including Attachment 18b(2) and the required proposed Order to Deposit Funds in Blocked Account (MC355).

Third, the petition does not fill out required sections, including sections 7 and 11.

Fourth, the petition must contain full disclosure of all information that has any bearing on the reasonableness of the settlement. (Cal. Rules of Court, rule 7.950.) Given the representation that the minor is not fully recovered, petitioner shall provide a doctor’s report of the her present condition.

Finally, the court notes that the petition is difficult to read. Counsel shall file a fully legible copy of any amended petition and attachments.

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