In re: Jameson O’Brien

(34) Tentative Ruling

Re: In re: Jameson O’Brien Superior Court Case No. 26CU00572

Hearing Date: May 27, 2026 (Dept. 501)

Motion: Petition to Compromise Minor’s Claim

Tentative Ruling:

To deny, without prejudice, the Petition to approve the compromised claim of minor Jameson O’Brien. Petitioner must file an amended petition, with appropriate supporting papers and proposed orders for each minor plaintiff. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.) If oral argument is timely requested, such argument will be entertained on Thursday, May 28, 2026, at 11:00 a.m. in Department 501.

Explanation:

The Petition seeks approval of settlement of personal injury claim of minor Jameson O’Brien. There are several issues within the Petition that prevent approval of the settlement at this time.

The Petition at Item 12a indicates $1,741.13 in medical expenses has been paid or reduced entirely and no settlement funds are being used to pay medical expenses. The billing provided with Attachment 8 includes treatment on 11/9/24, 11/13/24, and 12/11/24 and these bills total $1,741.13 and, as the Petition reflects, between insurance payments, insurance adjustments, and copayments from the guarantor, there is a zero balance. There is no correspondence from the insurer confirming they are not asserting a lien for payments made.

Additionally, the exhibit attached to the Petition includes billing itemizations for treatment received 11/12/24 showing a balance due which are not reflected in the total bills and there is no explanation as to why these amounts would not be due to be paid from the settlement. Additional evidence is required to demonstrate there is $0 to be paid from the settlement for medical expenses.

Attachment 10c and 18b(3) sets forth the payment schedule and terms of the annuity to be purchased with the minor’s funds. The attachment states that the “exact cost of the above Periodic Payments is $100,000. The petition at Items 16f and 18b(3) reflects a balance to the minor of $74,000. The attachment also indicates the purchase date of the annuity is May 7, 2026 which has passed. The court cannot approve the annuity as presented as the purchase price exceeds the amount of funds the minor has remaining from the settlement.

Pursuant to California Rules of Court, rule 3.1312