Petitions to Approve Minor's Compromise
(Pomona Courthouse South: Dept. H) May 22, 2026 LASC - Tentative Rulings Main Content --> Online Services Tentative Rulings Text-to-Speech Play Reset DEPARTMENT H LAW AND MOTION RULINGS
Foundation Health Plan, Inc., et al., Case No. 26PSCV00324 ORDER ON PETITIONS TO APPROVE MINOR?S COMPROMISE 1. Petitioner Jayne Pena’s Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Brandon Holguin-Pena] is GRANTED.
2. Petitioner Jayne Pena’s Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Miia Holguin-Pena] is GRANTED.
3. Petitioner Jayne Pena’s Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Jackson Holguin-Pena] is GRANTED.
4. Petitioner Jayne Pena’s Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Frankie Holguin-Pena] is GRANTED.
Background
Plaintiffs Jane Holguin-Pena (“Jane”), Jayne Pena, individually and as guardian ad litem for minors Brandon Holguin-Pena, Issabelle Holguin Pena, Miia Holguin-Pena, Jackson Holguin-Pena and Frankie Holguin-Pena, Ryan Holguin-Pena, Elizabeth Holguin-Pena, Anthony Duran and Annette Duran (together, “Plaintiffs”) allege that Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals and Southern California Permanente Medical Group (together, “Defendants”) failed to timely diagnose and treat Jane’s colon cancer.
On January 30, 2026, Plaintiffs filed a First Amended Complaint, asserting a cause of action for Medical Malpractice against Defendants and Does 1-100.
On April 2, 2026, Plaintiffs filed a conditional “Notice of Settlement of Entire Case.”
An Order to Show Cause Re: Dismissal (Settlement) is set for June 1, 2026.
Legal Standard
Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)
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Rule 7.950 states that the Petition must be filed on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).
Discussion
On April 7, 2026, Petitioner Jayne Pena (“Petitioner”) filed f our separate petitions on behalf of minor claimants Brandon Holguin-Pena (“Brandon”), Miia Holguin-Pena (“Miia”), Jackson Holguin-Pena (“Jackson”) and Frankie Holguin-Pena (“Frankie”) (collectively, “Claimants”), respectively.
These petitions originally came on calendar for hearing on April 28, 2026; at that time, the Court adopted its tentative ruling, which noted certain deficiencies with the aforesaid petitions, as the order, continued the hearing to May 22, 2026 and directed Petitioner’s counsel to address the noted deficiencies via a supplemental declaration for each petition.
Petitioner’s counsel instead elected to file four separate amended petitions, one for each of the aforesaid Claimants, on May 5, 2026.
The Court’s review of the amended petitions is set forth below.
Petitioner Jayne Pena (“Petitioner”) seeks Court approval of a settlement between Claimants, on the one hand, and Defendants, on the other hand. (Amended Petitions, ¶¶ 2 and 10).
Petitioner is Claimants’ parent and guardian ad litem. (Id., ¶ 1).
The Amended Petitions are executed by Petitioner and counsel.
The Amended Petitions explain that the subject incident occurred on May 15, 2023 and involved Defendants’ failure to timely diagnose and treat their mother’s (i.e., Jane Holguin-Pena) colon cancer. (Id., ¶¶ 4 and 5).
Claimants have potential wrongful death claims. (Id., ¶ 5).
Defendants have offered a gross medical malpractice settlement of $975,000.00 total to Claimants, Petitioner and Jane Holguin-Pena, which is to be distributed as follows: costs in the amount of $14,627.00, attorneys fees in the amount of $316,923.09, $10,000.00 each to Brandon, Miia, Jackson and Frankie for their respective potential wrongful death claims, $10,000.00 each to Ryan Holguin-Pena and Elizabeth Holguin-Pena (i.e., Jane Holguin-Pena’s adult children) for their respective potential wrongful death claims, and $583,449.91 to Petitioner and Petitioner’s wife, Jane Holguin-Pena. (Id., ¶¶ 10 and 11, Attachment 11b(5)).).
Petitioner does not have a claim against Claimants’ respective recoveries and is a plaintiff in the same action with Claimants. (Id., ¶ 11).
Petitioner advises that her recovery is separate from, and does not reduce, Claimants’ respective shares. (Id., ¶ 11, Attachment 11b(3)).
Claimants have not incurred any medical expenses. (Id., ¶ 12).
Petitioner does not request that attorney’s fees or costs be paid out from Claimants’ respective settlement amounts. (Id., ¶ 12).
Counsel expect to receive attorney’s fees or other compensation from Jane Holguin-Pena and Jayne Pena, in the amount of $316,800.00. (Id., ¶ 17).
Petitioner has attached an “Authorization and Agreement’ between Jane Holguin-Pena and Jayne Pena, on the one hand, and their counsel, on the other hand, as Attachment 17a.
The $10,000.00 for Brandon will be deposited into an insured account at Chase Bank, subject to withdrawal only on court authorization. (Id., ¶ 18, Attachment 18b(2)).
The $10,000.00 each for Miia, Jackson and Frankie will be invested in single-premium deferred annuities, subject to withdrawal only on court authorization. (Id., ¶ 18, Attachment 18b(3)).
The petitions are granted. Home -->)" -->