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MC-350
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY
| MARIA G. CORDOVA, #309778
PEREZ, WILLIAMS, MEDINA & RODRIGUEZ, LLP
1432 Divisadero
Fresno, CA 93721
TELEPHONE NO (559) 445-0123 FAXNO (Optional)
E-FILED
E-MAIL ADDRESS (Optional) lawyers@pwmfresno.com
ATTORNEY FOR (Name): Plaintiffs 6/4/2020 11:45 AM
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
Superior Court of California
STREET ADDRESS: 1130 "O" Street County of Fresno
MAILING ADDRESS: By: |. Herrera, Deputy
CITY AND ZiP CODE: Fresno, CA 93721
BRANCH NAME:
CASE NAME. Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBER,
their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 19CECG03431
PETITION TO APPROVE: [~] COMPROMISE OF DISPUTED CLAIM HEARING DATE:
[x] COMPROMISE OF PENDING ACTION June 18, 2020
(©) DISPOSITION OF PROCEEDS OF JUDGMENT vert 503 te 3:30 p.m.
Gx] Minor (J Person With a Disability
NOTICE TO PETITIONERS:
Except as noted below, you must use this form to request court approval of (1) the compromise of a disputed claim of a minor,
(2) the compromise of a pending action or proceeding in which a minor or a person with a disability (including a conservatee) is a
party, or (3) the disposition of the proceeds of a judgment for a minor or person with a disability. (See Code Civ. Proc., § 372; Prob.
Code, § 3600 et seq.) You and the minor or disabled person must attend the hearing on this petition unless the court for good cause
dispenses with a personal appearance. The court may require the presence and testimony of witnesses, including the attending or
examining physician, and other evidence relating to the merits of the claim and the nature and extent of the injury, care, treatment,
and hospitalization. The court may consider on an expedited basis without a hearing requests for approval of the compromises of
certain claims and actions or the disposition of the proceeds of certain judgments. If your claim, action, or judgment qualifies for
expedited consideration and you want to request it, you must use form MC-350EX for your request. See Cal. Rules of Court, rule
7,950.5.
1. Petitioner (name): Elisa Vela
2. Claimant (name): Abel Vela
a. Address: 1360 Rayser Street, Kingsburg, California 93631
b. Date of birth: May 24, 2012 c. Age: 8 d. Sex: male e. [x] Minor (1 Person with a disability
3. Relationship Petitioner's relationship to the claimant (check all applicable boxes):
Parent g. [_] Other relationship (specify:)
Guardian ad litem
Guardian
Conservator
Disabled adult claimant is a petitioner. (See instructions for items 3e and 3f below.)
Disabled adult claimant's express consent to the relief requested in this petition is provided on Attachment 3f.
(if you checked item 3e or 3f, state facts on Attachment 3e or 3f showing that the claimant has capacity under Probate
Code section 812 to petition or consent to a petition. Only an adult claimant who has sufficient capacity and who does not
have a conservator of the estate may petition or consent to a petition. See Probate Code section 3613.)
4. Nature of claim The claim of the minor or adult person with a disability:
a. [__] Has not been filed in an action or proceeding. (Complete items 5-23.)
b. Is the subject ofa pending action or proceeding that will be compromised without a trial on the merits of the claim.
Name of court: FRESNO COUNTY SUPERIOR COURT
Case no.: 19CECG03431 Trial date: N/A. (Complete items 5-23.)
Pago 1 of 10
Form Adopted for PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Code of Civil Procedure, § 372 et sea,
iterative Mandatory Use Probate Code, § 3500 et sea.,
“it 3
Judicial Council of California OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF Cal, Rules of Court, rules 3.1384,
MC-360 [Rev January 1, 2011] 7101, 7 950, 7951
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY:
(Miscellaneous)
MC-350
CASE NAME: Celia Manzano, Abcl Vela and Alyssa Vela, minors by and CASE NUMBER
|_ through their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al.
19CECG03431
4. Nature of claim The claim of the minor or adult person with a disability:
c. (J Is the subject of a pending action or proceeding that has been or will be reduced to a judgment for the claimant against
the defendants named below in the total amount (exclusive of interest and costs) of (specify below):
$
lefendants (names)
[_] Additional defendants listed on Attachment 4. (—) The judgment was filed on (date):
(Attach a copy of the (proposed) judgment as Attachment 4c and complete items 13-23.)
5. [X] Incident
or accident The incident or accident occurred as follows:
a. Date and time: December 12, 2017 at approximatley 4:05 p.m.
b. Place: Arrants Street and Wright Street, in the City of Selma, California.
c. Persons involved (names):Celia Manzano, Abel Vela, a minor, Alyssa Vela, a minor, Kaitlyn M. Avila, and
Alexis Kim Macias.
[1 Continued on Attachment 5.
Nature of incident or accident
The facts, events, and circumstances of the incident or accident are (describe): This is action arises out of a motor
vehicle accident that occurred on December 12, 2017, on Arrants Street and Wright Street in the City of Selma.
Claimants, Abel Vela and Alyssa Vela, minors, were passengers in a 2005 Honda driven by claimant's
grandmother, Celia Manzano, who was traveling westbound on Arrants Street when they were struck by
Defendant, Kaitlyn M. Avila. The impact between Manzano's vehicle and defendant's vehicle caused Ms.
Manzano's vehicle to collide into a home.
(—) Continued on Attachment 6.
Injuries
The following injuries were sustained by the claimant as a result of the incident or accident (describe): Claimant suffered
nightmares.
{] Continued on Attachment 7.
_ Treatment
The claimant received the following care and treatment for the injuries described in item 7 (describe):
Following the collision, claimant was privately transported to Adventist Medical Center by his family. There,
claimant was evaluated and received care. Claimant was later released with aftercare instructions to return to
the emergency room should any symtoms worsen and advised to follow up ith his pediatrician for an
additional evaluation. On December 18, 2017, claimant was seen by Dr. Nidhi Mehrota for developed
nightmares as a result of the incident. No other treatment was rendered.
[5 Continued on Attachment 8.
MC-360 [Rev January 1, 2011] Page 2 of 10
PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-350
CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and through | case nuwaer
|_ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al.
19CECG03431
9. [x] Extent of injuries and recovery (An original or a photocopy of all doctors’ reports containing a diagnosis of and prognosis
for the claimant's injuries, and a report of the claimant's present condition, must be attached to this petition as Attachment 9.
A new report is not necessary so long as a previous report accurately describes the claimant's current condition.)
a. [] The claimant has recovered completely from the effects of the injuries described in item 7, and there are no
permanent injuries.
b. [__] The claimant has not recovered completely from the effects of the injuries described in item 7, and the following injuries
from which the claimant has not recovered are temporary (describe the remaining injuries):
[) Continued on Attachment 9b.
c. [_] The claimant has not recovered completely from the effects ofthe injuries described in item 7, and the following injuries
from which the claimant has not recovered are permanent (describe the permanent injuries):
(—] Continued on Attachment 9c.
10. [x] Petitioner has made a careful and diligent inquiry and investigation to ascertain the facts relating to the incident or
accident in which the claimant was injured; the responsibility for the incident or accident; and the nature, extent,
and seriousness of the claimant's injuries. Petitioner fully understands that if the compromise proposed in this
petition is approved by the court and is consummated, the claimant will be forever barred from seeking any further
recovery of compensation from the settling defendants named below even though the claimant's injuries may in
the future appear to be more serious than they are now thought to be.
1. Gd Amount and terms of settlement
By way of settlement, the defendants named below have offered to pay the following sums to the claimant:
a. The total amount offered by all defendants named below is (specify):
b. The defendants and amounts offered by each are as follows (specify):
s[__3.400.00
Defendants (names) Amounts
Kaitlyn M. Avila and Tim J. Avila 3,400.00
[—) Defendants and amounts offered continued on Attachment 11.
c. The terms of settlement are as follows (if the settlement is to be paid in installments, both the total amount and the
present value of the settlement must be included):
Continued on Attachment 11
MC-360 [Rev January
1, 2011] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Pago
3 of 10
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
Mc-351
CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBER
|_ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al.
19CECG03431
12. Settlement payments to others
a. [__] No defendant named in item 11b has offered to pay money to any person or persons other than the claimant to
settle claims arising out of the same incident or accident that resulted in the claimant's injury.
b. Gd By way of settlement, one or more defendants named in item 11b have also offered to pay money to a person or
persons other than claimant to settle claims arising out of the same incident or accident that resulted in the
claimant's injury.
(1) The total amount offered by all defendants to others (specify): $ 13,400.00
(2) Petitioner [x] isnot [_] is a claimant against the recovery of the claimant (other than for
reimbursement for expenses paid by petitioner and listed under item 15).
(if you answered "is," explain in Attachment 12 the circumstances and the effect your claim has on the
proposed compromise of the claim described in this petition.)
(3) Petitioner isnot [_] is a plaintiff in the same action with the claimant.
(if you answered "is," explain in Attachment 12 the circumstances and the effect your claim and its disposition
has on the proposed compromise of the claim or action described in this petition.)
(4) [_) Petitioner would receive money under the proposed settlement.
(5) The settlement payments are to be apportioned and distributed as follows:
ther plaintiffs or claimants (names) Amounts
Celia Manzano s 10,000.00
Alyssa Vela, minor $s 3,400.00
$s
$
[) Additional plaintiffs or claimants and amounts are listed on Attachment 12.
(6) Reasons for the apportionment of the settlement payments between the claimant and each other
plaintiff or claimant named above are specified on Attachment 12.
13. The claimant's medical expenses, including medical expenses paid by petitioner and insurers, to be reimbursed from
proceeds of settlement or judgment
a. Totals
(1) Total medical expenses: s—— 4:3
2,350.95
09
(2) Total outstanding medical expenses to be paid from the proceeds: s [121647
(3) Total out-of-pocket, co-payments, or deductible payments to be reimbursed from proceeds: Ss
Medical expenses were paid and are to be reimbursed from proceeds as follows:
(1) (-] Paid by petitioner in the amount of: s[__ 112.63
(2) Paid by private health insurance or a self-funded plan under:
(a) (_]
An Employee Retirement Income Security Act (ERISA) insured plan.
(b) [_]
An ERISA self-funded plan.
(c) {x-]
A Non-ERISA insured plan
(d) (]
ANon-ERISA self-funded plan
(e) Amount paid by plan'(s11 63 to Dr. Mehrota) © 112.63
(f) Amount of reimbursement to the plan from proceeds of settlement or judgment:
(i) No reimbursement is requested by the plan.
(ii) () Reimbursement is to be made to the plan and:
(A) [] There is a contractual reduction of $ (
(B) [__] There is a negotiated reduction of $ ( )
(C) [) No reduction has been agreed to,
for a total reimbursement to the plan in the amount of: sL_
MC-350 (Rev. Jarvary 1, 2011] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page4 of 10
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-350
CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and CASE NUVBER
| through their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al.
19CECG03431
13. The claimant's medical expenses, including medical expenses paid by petitioner and insurers, to be reimbursed from
proceeds of settlement or judgment
b. Medical expenses were paid and are to be reimbursed from proceeds as follows:
(3) [__] Paid by Medicare in the amount of. s
less the statutory reduction in the amount of: $ (.
for a total reimbursement to Medicare in the amount of: sC
(Attach a copy of the final Medicare demand letter or letter agreement as Attachment 13b(3).)
4) Paid by Medi-Cal in the amount of S
(a) [_] Notice of this claim or action has been given to the State Director of Health Care Services under Welfare
and Institutions Code section 14124.73. A copy of the notice and proof of its delivery [__] is attached.
[—) was filed in this matter on (date):
) (9 Notice of this claim or action has not been given to the State Director of Health Care Services.
(Explain why notice has not been given in Attachment 13b(4).)
© CO In full satisfaction of its lien rights, Medi-Cal has agreed to accept reimbursement
in the amount of: s
(Attach a copy of the final Medi-Cal demand letter or letter agreement as Attachment 13b(4).)
@ CO Petitioner is entitled to a reduction of the Medi-Cal lien under Welfare and Institutions Code
section 14124.76 and:
(i) [1 |s filing a motion seeking a reduction of the lien concurrently with this petition
(i) [) Requests that the court reserve jurisdiction over this issue.
The amount of the lien in dispute is: $
© Gd (a) There are one or more statutory or contractual liens of medical service providers for payment of medical
expenses. The total amount claimed under these liens is: S. 2.136.95 _ In full satisfaction
of their lien claims, the lienholders have agreed to accept the total sum of: $s 1,216.47
(Provide requested information on each lienholder and certain other medical service providers below.)
(b) The name of each medical service provider that furnished care and treatment to claimant and (1) has a lien for all
or any part of the charges or (2) was paid (or will be paid from the proceeds) by petitioner for which petitioner
requests reimbursement; the amounts charged and paid; the amount of negotiated reduction of charges, if any;
and the amount to be paid from the proceeds of the settlement or judgment to each provider are as follows:
() A) Provider (name): Adventist Medical Center Hanford
(B) Address: P.O. Box 1304 Hanford, CA 93232
(C) Amount charged: s 1,840.95
(0) Amount paid (whether or not by insurance): S( )
(E) Negotiated reduction, if any: $(__920.48 )
(F) Amount to be paid from proceeds of settlement or judgment: $
Gi) “A Provider (name): CEP America California
(8) Address: P.O. Box 582663, Modesto, CA 95358
(c) Amount charged: s 296.00
(0) Amount paid (whether or not by insurance) S( )
(E) Negotiated reduction, if any: $
F) Amount to be paid from proceeds of settlement or judgment: $
[) Continued on Attachment 13b(5). (Provide information about additional providers in the above format,
including providers paid or to be paid by petitioner for which reimbursement is requested in item 13b(1)
above. You may use form MC-350(A-13b(5)) for this purpose.)
MC-366 [Rov January 1, 2011) PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 5 of 10
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-350
CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUVBER
+ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al.
19CECG03431
14. The claimant's attorney's fees and all other expenses (except medical expenses), including expenses advanced by
claimant's attorney or paid or incurred by petitioner to be reimbursed from proceeds of settlement or judgment
a Total amount of attorney's fees for which court approval is requested: s 792.86
(If fees are requested, attach as Attachment 14a, a declaration from the attomey explaining the basis for the request, including
a discussion of applicable factors listed in rule 7.955(b) of the Cal. Rules of Court. Respond to item 18a(2) on page 7 and
attach a copy of any written attomey fee agreement as Attachment 18a.)
The following additional items of expense (other than medical expenses) have been incurred or paid, are reasonable, resulted
from the incident or accident, and should be paid out of claimant's share of the proceeds of the settlement or judgment:
Items Payees (names} Amounts
Copy fees Adventist Medical Center 21.50
General Case Cost:
Total Case Cost $621.13/3=$207.04 207.04
[1] Continued on Attachment 14b. Total: §
15. Reimbursement of expenses paid by petitioner
Petitioner has paid none of the claimant's expenses listed in items 13 and 14 for which reimbursement is requested.
(ea) Petitioner has paid (or become obligated to pay) the following total amounts of the claimant's expenses for which
reimbursement is requested.
(1) [] Medical expenses listed in item 13: $s
(2) [_] Attorney's fees included in the total fee amount shown in item 14a: s
(3) Other expenses included in the total shown in item 14b: s
(Attach proofs of the expenses incurred and payments made or obligations to pay incurred, e.g., bills or invoices,
canceled checks, credit card statements, explanations of benefits from insurers, etc.)
16. Net balance of proceeds for the claimant
The balance of the proceeds of the proposed settlement or judgment remaining for the claimant
after payment of all requested fees and expenses is: $ 1,162.13|
17. Summary
a. Gross amount of proceeds of settlement or judgment for claimant: s 3,400.00
b. Medical expenses to be paid from proceeds of settlement
or judgment: Ss 1,216.47
Attorney's fees to be paid from proceeds of settlement or
judgment Ss 792.86
Expenses (other than medical) to be paid from proceeds
of settlement or judgment: s 228.54
Total of fees and expenses to be paid from proceeds of settlement or judgment
(add (b), (c), and (d)): $ (__2.237.87 )
Balance of proceeds of settlement or judgment available for claimant after payment of all
fees and expenses (subtract (e) from (a)): sL_.i@.i3_d
MC-350 [Rev January 1, 2011] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 6 of 10
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-350
CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and CASE NUVBER
—through their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al
19CECG03431
18. Information about attorney representing or assisting petitioner
a. (1) [__] Petitioner has not been represented or assisted by an attorney in preparing this petition or in any‘other way with
respect to the claim asserted. (Go to item 19.)
(2) Petitioner has been represented or assisted by an attorney in preparing this petition or with respect to the claim
asserted. Petitioner and the attorney donot [x_] do have an agreement for services provided in
connection with the claim giving rise to this petition. (If you answered “do,” attach a copy of the agreement as
Attachment 18a, and complete items 18b.—18f.)
The attorney who has represented or assisted petitioner is (name): Maria G. Cordova
(1) State Bar number: 309778
(2) Law firm: Perez, Williams, Medina & Rodriguez, LLP
(3) Address: 1432 Divisadero, Fresno, CA 93721
(4) Telephone number: (559) 445-0123
The attorney has not [XxX] has received attorney's fees or other compensation in addition to that requested in this
petition for services provided in connection with the claim giving rise to this petition. (If you answered "has," identify the person
who paid the fees or other compensation, the amounts paid, and the dates of payment).
From whom (names) Amounts Dates
Celia Manzano 2,500.00 May 29, 2020
(©) Continued on Attachment 18c.
The attorney [x] did not (J did become concerned with this matter, directly or indirectly, at the instance of a party
against whom the claim is asserted or a party's insurance carrier. (If you answered “did,” explain the circumstances in
Attachment 18d.)
The attorney [__] is not is representing or employed by any other party or any insurance carrier involved in the
matter. (if you answered “is,” identify the party or carrier and explain the relationship in Attachment 18e.)
The attorney [_] doesnot [x] does expect to receive attorney's fees or other compensation in addition to that
requested in this petition for services provided in connection with the claim giving rise to this petition. (if you answered “does,
identify the person who pay the fees or other compensation, the amounts to be paid, and the expected dates of payment)
fom whom (names) mounts xpected date:
Alyssa Vela, a minor 792.86 Upon approval of this
minors compromise petition.
[] Continued on Attachment 18f.
MC-350 [Rev January1, 2014] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Pago 7 of 10
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-350
CASE NAME: Cclia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBER
|_ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al.
19CECG03431
19. Disposition of balance of proceeds of settlement or judgment
Petitioner requests that the balance of the proceeds of the settlement or judgment be disbursed as follows:
a. There is a guardianship of the estate of the minor or a conservatorship of the estate of the adult person with a
disability filed in (name of court):
Case no.
a Cos of the proceeds in money or other property will be paid or delivered to
the guardian of the estate of the minor or the conservator of the estate of the conservatee. The money
or other property is specified in Attachment 19a(1).
2 C4 Petitioner is the guardian or conservator of the estate of the minor or the adult person with a disability.
Petitioner requests authority to deposit or invest $ of the money or other
property to be paid or delivered under 19a(1) with one or more financial institutions in this state or with a trust
company, subject to withdrawal only as authorized by the court. The money or other property and the name,
branch, and address of each financial institution or trust company are specified in Attachment 19a(2).
3) CI] Petitioner proposes that all or a portion of the proceeds not become part of the guardianship or
conservatorship estate. Petitioner requests authority to deposit or transfer these proceeds as follows
(check ail that apply):
@ Cis will be deposited in insured accounts in one or more financial
institutions in this state from which no withdrawals can be made without a court order.
The name, branch, and address of each depository are specified in Attachment 19a(3).
(b) (J $ will be invested in a single-premium deferred annuity subject to
withdrawal only on order of the court. The terms and conditions of the annuity are specified in
Attachment 19a(3).
© CI $ will be transferred to a custodian for the benefit of the minor under the
California Uniform Transfers to Minors Act. The name and address of the proposed custodian
and the property to be transferred are specified in Attachment 19a(3)
eel Ss
(d) Lo will be transferred to the trustee of a trust that is either created by or
approved of in the order approving the settlement or the judgment given or to be given for the
minor. This trust is revocable when the minor attains the age of 18 years and contains all other
terms and conditions determined to be necessary by the court to protect the minor's interests. The
terms of the proposed trust and the property to be transferred are specified in Attachment 19a(3).
A copy of the (proposed) judgment is attached as Attachment 4c.
_ Ss will be transferred to the trustee of a special needs trust under
Probate Code sections 3602(d) and 3604 for the benefit of the minor or the adult person with a
disability. The terms of the proposed special needs trust and the property to be transferred are
specified in Attachment 19a(3).
MC-350 [Rev Jarvary 1, 211] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 8 of 10
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-350
CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBER
their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al
19CECG03431
19. Disposition of balance of proceeds of settlement or judgment (cont.)
Petitioner requests that the balance of the proceeds of the settlement or judgment be disbursed as follows:
There is no guardianship of the estate of the minor or conservatorship of the estate of the adult person with a disability.
Petitioner requests that the balance of the proceeds of the settlement or judgment be disbursed as follows
(check all that apply).
a CO A guardian of the estate of the minor or a conservator of the estate of the adult person with a disability
will be appointed. S of money and other property will be paid or delivered
to the person so appointed. The money or other property are specified in Attachment 19b(1).
(2) Co Ss of money will be deposited in insured accounts in one or more financial
institutions in this state, subject to withdrawal only upon the authorization of the court. The name,
branch, and address of each depository are specified in Attachment 19b(2)
(3) Co $s of money will be invested in a single-premium deferred annuity, subject to
withdrawal only upon the authorization of the court. The terms and conditions of the annuity are specified
in Attachment 19b(3).
(4) Ss will be paid or transferred to the trustee of a special needs trust under
Probate Code sections 3604 and 3611(c) for the benefit of the minor or the adult person with a disability.
The terms of the proposed special needs trust and the money or other property to be paid or transferred are
specified in Attachment 19b(4).
6) $s 1,162.13 will be paid or delivered to a parent of the minor, upon the terms and under the
conditions specified in Probate Code sections 3401-3402, without bond. The name and address of the
parent and the money or other property to be delivered are specified in Attachment 19b(5). (Value of minor's
entire estate, including the money or property to be delivered, must not exceed $5,000.)
6) $s will be transferred to a custodian for the benefit of the minor under the California
Uniform Transfers to Minors Act. The name and address of the proposed custodian and the money or other
property to be transferred are specified in Attachment 19b(6)
(7) s will be transferred to the trustee of a trust that is either created by or
approved of in the order approving the settlement or the judgment given or to be given for the minor. This
trust is revocable when the minor attains the age of 18 years and contains all other terms and conditions
determined to be necessary by the court to protect the minor's interests. The terms of the proposed trust and
the money or other property to be transferred are specified in Attachment 19b(7).
[J A copy of the (proposed) judgment is attached as Attachment 4c.
(8) $ of money will be held on such conditions as the court in its discretion determines
is in the best interest of the minor or the adult person with a disability. The proposed conditions are specified
on Attachment 19b(8). (Value must not exceed $20,000.)
(9) Co Ss of property other than money will be held on such conditions as the court in its
discretion determines is in the best interest of the minor or the adult person with a disability. The proposed
conditions and the property are specified in Attachment 19b(9).
(10) (] $ will be deposited with the county treasurer of the County of (name).
The deposit is authorized under and subject to the conditions specified in Probate Code section 3611 (h).
a1) s will be paid or transferred to the adult person with a disability. The money or other
property is specified in Attachment 19b(11).
[_) Continued on Attachment 19
MC-360 [Rev January1, 2011] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 9 of 10
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-350
CASE NAME Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBE
|_ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al.
9CECG03431
20. L Statutory liens for special needs trust
Petitioner requests a court order for payment of funds to a special needs trust (explain how statutory liens under Probate
Code section 3604, if any, will be satisfied)
Continued on Attachment 20.
21 Additional orders
Petitioner requests the following additional orders (specify and explain).
[ Leach Continued on Attachment 21
22; Petitioner recommends the compromise settlement or the proposed disposition of the proceeds of the judgment for the claimant to
the court as being fair, reasonable, and in the best interest of the claimant and requests that the court approve this compromise
settlement or proposed disposition and make such other and further orders as may be just and reasonable
23 Number of pages attached:
Date: June 3. 2020
MARIA G. CORDOVA SED
(TYPE OR PRINT NA‘ TT (SIGNATURE OF ATTORNEY)
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: June, 2020
ELISA VELA
‘YPE OR PRINT NAME OF PETITIONER)
> LUE Ce (SIGNATURE OF PE )
MC-350 [Rev. January 1, 2071] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page
10 of 10
OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF
JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
PETITIONER/PLAINTIFF: Celia Manzano, Abel Vela, et al. ‘CASE NUMBER:
RESPONDENT/DEFENDANT: Kaitlyn M. Avila, et al. 19CECG03431
Attachment 9
A. Adventist Medical Center
B. Nidhi Mehrotra, M.D.
sdifins
ED Physician Notes VELA, ABEL - 22-842-74
* Final Report *
Result Type: ED Physician Notes
Result Date: December 12 2017 18:04 PST
Result Status: Auth (Verified)
Result Title: Motor vehicle crash - minor
Performed By: Levine, NP, Dennis M on December 12 2017 18:07 PST
Verified By: Levine, NP, Dennis M on December 12 2017 18:07 PST
Encounter info: 32700631457, 54, Emergency, 12/12/2017 - 12/12/2017
* Final Report *
Motor vehicte crash - minor
Patient: VELA, ABEL MRN: 22-842-74 FIN: 32700631457
Age: Syears Sex: Male DOB: 05/24/2012
Associated Diagnoses: None
Author: Levine, NP, Dennis M
Basic Information
Additional information: Chief Complaint from Nursing Triage Note : Reason for visit history
12/12/2017 17:56 PST Was in MVA, restrained in car seat. Car was rear ended .
History of Present Illness
The patient presents following motor vehicle collision. The onset was just prior to arrival. The Collision was front impact, driver side
impact and vehicle at stop light, hit on drivers side front.. The patient was the passenger and in the rear seat. There were safety
mechanisms including seat belt and booster seat, no airbag. Location: negative. The degree of pain is minimal. The degree of
bleeding is minimal. Risk factors consist of none. Therapy today: none. Associated symptoms: none.
Review of Systems
Constitutional symptoms: Negative except as documented in HPI.
Skin symptoms: Negative except as documented in HPI.
Eye symptoms: Negative except as documented in HPI.
ENMT symptom
Preview
MC-350 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). FOR COURT USE ONLY | MARIA G. CORDOVA, #309778 PEREZ, WILLIAMS, MEDINA & RODRIGUEZ, LLP 1432 Divisadero Fresno, CA 93721 TELEPHONE NO (559) 445-0123 FAXNO (Optional) E-FILED E-MAIL ADDRESS (Optional) lawyers@pwmfresno.com ATTORNEY FOR (Name): Plaintiffs 6/4/2020 11:45 AM SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO Superior Court of California STREET ADDRESS: 1130 "O" Street County of Fresno MAILING ADDRESS: By: |. Herrera, Deputy CITY AND ZiP CODE: Fresno, CA 93721 BRANCH NAME: CASE NAME. Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBER, their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 19CECG03431 PETITION TO APPROVE: [~] COMPROMISE OF DISPUTED CLAIM HEARING DATE: [x] COMPROMISE OF PENDING ACTION June 18, 2020 (©) DISPOSITION OF PROCEEDS OF JUDGMENT vert 503 te 3:30 p.m. Gx] Minor (J Person With a Disability NOTICE TO PETITIONERS: Except as noted below, you must use this form to request court approval of (1) the compromise of a disputed claim of a minor, (2) the compromise of a pending action or proceeding in which a minor or a person with a disability (including a conservatee) is a party, or (3) the disposition of the proceeds of a judgment for a minor or person with a disability. (See Code Civ. Proc., § 372; Prob. Code, § 3600 et seq.) You and the minor or disabled person must attend the hearing on this petition unless the court for good cause dispenses with a personal appearance. The court may require the presence and testimony of witnesses, including the attending or examining physician, and other evidence relating to the merits of the claim and the nature and extent of the injury, care, treatment, and hospitalization. The court may consider on an expedited basis without a hearing requests for approval of the compromises of certain claims and actions or the disposition of the proceeds of certain judgments. If your claim, action, or judgment qualifies for expedited consideration and you want to request it, you must use form MC-350EX for your request. See Cal. Rules of Court, rule 7,950.5. 1. Petitioner (name): Elisa Vela 2. Claimant (name): Abel Vela a. Address: 1360 Rayser Street, Kingsburg, California 93631 b. Date of birth: May 24, 2012 c. Age: 8 d. Sex: male e. [x] Minor (1 Person with a disability 3. Relationship Petitioner's relationship to the claimant (check all applicable boxes): Parent g. [_] Other relationship (specify:) Guardian ad litem Guardian Conservator Disabled adult claimant is a petitioner. (See instructions for items 3e and 3f below.) Disabled adult claimant's express consent to the relief requested in this petition is provided on Attachment 3f. (if you checked item 3e or 3f, state facts on Attachment 3e or 3f showing that the claimant has capacity under Probate Code section 812 to petition or consent to a petition. Only an adult claimant who has sufficient capacity and who does not have a conservator of the estate may petition or consent to a petition. See Probate Code section 3613.) 4. Nature of claim The claim of the minor or adult person with a disability: a. [__] Has not been filed in an action or proceeding. (Complete items 5-23.) b. Is the subject ofa pending action or proceeding that will be compromised without a trial on the merits of the claim. Name of court: FRESNO COUNTY SUPERIOR COURT Case no.: 19CECG03431 Trial date: N/A. (Complete items 5-23.) Pago 1 of 10 Form Adopted for PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Code of Civil Procedure, § 372 et sea, iterative Mandatory Use Probate Code, § 3500 et sea., “it 3 Judicial Council of California OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF Cal, Rules of Court, rules 3.1384, MC-360 [Rev January 1, 2011] 7101, 7 950, 7951 JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY: (Miscellaneous) MC-350 CASE NAME: Celia Manzano, Abcl Vela and Alyssa Vela, minors by and CASE NUMBER |_ through their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 19CECG03431 4. Nature of claim The claim of the minor or adult person with a disability: c. (J Is the subject of a pending action or proceeding that has been or will be reduced to a judgment for the claimant against the defendants named below in the total amount (exclusive of interest and costs) of (specify below): $ lefendants (names) [_] Additional defendants listed on Attachment 4. (—) The judgment was filed on (date): (Attach a copy of the (proposed) judgment as Attachment 4c and complete items 13-23.) 5. [X] Incident or accident The incident or accident occurred as follows: a. Date and time: December 12, 2017 at approximatley 4:05 p.m. b. Place: Arrants Street and Wright Street, in the City of Selma, California. c. Persons involved (names):Celia Manzano, Abel Vela, a minor, Alyssa Vela, a minor, Kaitlyn M. Avila, and Alexis Kim Macias. [1 Continued on Attachment 5. Nature of incident or accident The facts, events, and circumstances of the incident or accident are (describe): This is action arises out of a motor vehicle accident that occurred on December 12, 2017, on Arrants Street and Wright Street in the City of Selma. Claimants, Abel Vela and Alyssa Vela, minors, were passengers in a 2005 Honda driven by claimant's grandmother, Celia Manzano, who was traveling westbound on Arrants Street when they were struck by Defendant, Kaitlyn M. Avila. The impact between Manzano's vehicle and defendant's vehicle caused Ms. Manzano's vehicle to collide into a home. (—) Continued on Attachment 6. Injuries The following injuries were sustained by the claimant as a result of the incident or accident (describe): Claimant suffered nightmares. {] Continued on Attachment 7. _ Treatment The claimant received the following care and treatment for the injuries described in item 7 (describe): Following the collision, claimant was privately transported to Adventist Medical Center by his family. There, claimant was evaluated and received care. Claimant was later released with aftercare instructions to return to the emergency room should any symtoms worsen and advised to follow up ith his pediatrician for an additional evaluation. On December 18, 2017, claimant was seen by Dr. Nidhi Mehrota for developed nightmares as a result of the incident. No other treatment was rendered. [5 Continued on Attachment 8. MC-360 [Rev January 1, 2011] Page 2 of 10 PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MC-350 CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and through | case nuwaer |_ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 19CECG03431 9. [x] Extent of injuries and recovery (An original or a photocopy of all doctors’ reports containing a diagnosis of and prognosis for the claimant's injuries, and a report of the claimant's present condition, must be attached to this petition as Attachment 9. A new report is not necessary so long as a previous report accurately describes the claimant's current condition.) a. [] The claimant has recovered completely from the effects of the injuries described in item 7, and there are no permanent injuries. b. [__] The claimant has not recovered completely from the effects of the injuries described in item 7, and the following injuries from which the claimant has not recovered are temporary (describe the remaining injuries): [) Continued on Attachment 9b. c. [_] The claimant has not recovered completely from the effects ofthe injuries described in item 7, and the following injuries from which the claimant has not recovered are permanent (describe the permanent injuries): (—] Continued on Attachment 9c. 10. [x] Petitioner has made a careful and diligent inquiry and investigation to ascertain the facts relating to the incident or accident in which the claimant was injured; the responsibility for the incident or accident; and the nature, extent, and seriousness of the claimant's injuries. Petitioner fully understands that if the compromise proposed in this petition is approved by the court and is consummated, the claimant will be forever barred from seeking any further recovery of compensation from the settling defendants named below even though the claimant's injuries may in the future appear to be more serious than they are now thought to be. 1. Gd Amount and terms of settlement By way of settlement, the defendants named below have offered to pay the following sums to the claimant: a. The total amount offered by all defendants named below is (specify): b. The defendants and amounts offered by each are as follows (specify): s[__3.400.00 Defendants (names) Amounts Kaitlyn M. Avila and Tim J. Avila 3,400.00 [—) Defendants and amounts offered continued on Attachment 11. c. The terms of settlement are as follows (if the settlement is to be paid in installments, both the total amount and the present value of the settlement must be included): Continued on Attachment 11 MC-360 [Rev January 1, 2011] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Pago 3 of 10 OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) Mc-351 CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBER |_ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 19CECG03431 12. Settlement payments to others a. [__] No defendant named in item 11b has offered to pay money to any person or persons other than the claimant to settle claims arising out of the same incident or accident that resulted in the claimant's injury. b. Gd By way of settlement, one or more defendants named in item 11b have also offered to pay money to a person or persons other than claimant to settle claims arising out of the same incident or accident that resulted in the claimant's injury. (1) The total amount offered by all defendants to others (specify): $ 13,400.00 (2) Petitioner [x] isnot [_] is a claimant against the recovery of the claimant (other than for reimbursement for expenses paid by petitioner and listed under item 15). (if you answered "is," explain in Attachment 12 the circumstances and the effect your claim has on the proposed compromise of the claim described in this petition.) (3) Petitioner isnot [_] is a plaintiff in the same action with the claimant. (if you answered "is," explain in Attachment 12 the circumstances and the effect your claim and its disposition has on the proposed compromise of the claim or action described in this petition.) (4) [_) Petitioner would receive money under the proposed settlement. (5) The settlement payments are to be apportioned and distributed as follows: ther plaintiffs or claimants (names) Amounts Celia Manzano s 10,000.00 Alyssa Vela, minor $s 3,400.00 $s $ [) Additional plaintiffs or claimants and amounts are listed on Attachment 12. (6) Reasons for the apportionment of the settlement payments between the claimant and each other plaintiff or claimant named above are specified on Attachment 12. 13. The claimant's medical expenses, including medical expenses paid by petitioner and insurers, to be reimbursed from proceeds of settlement or judgment a. Totals (1) Total medical expenses: s—— 4:3 2,350.95 09 (2) Total outstanding medical expenses to be paid from the proceeds: s [121647 (3) Total out-of-pocket, co-payments, or deductible payments to be reimbursed from proceeds: Ss Medical expenses were paid and are to be reimbursed from proceeds as follows: (1) (-] Paid by petitioner in the amount of: s[__ 112.63 (2) Paid by private health insurance or a self-funded plan under: (a) (_] An Employee Retirement Income Security Act (ERISA) insured plan. (b) [_] An ERISA self-funded plan. (c) {x-] A Non-ERISA insured plan (d) (] ANon-ERISA self-funded plan (e) Amount paid by plan'(s11 63 to Dr. Mehrota) © 112.63 (f) Amount of reimbursement to the plan from proceeds of settlement or judgment: (i) No reimbursement is requested by the plan. (ii) () Reimbursement is to be made to the plan and: (A) [] There is a contractual reduction of $ ( (B) [__] There is a negotiated reduction of $ ( ) (C) [) No reduction has been agreed to, for a total reimbursement to the plan in the amount of: sL_ MC-350 (Rev. Jarvary 1, 2011] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page4 of 10 OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MC-350 CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and CASE NUVBER | through their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 19CECG03431 13. The claimant's medical expenses, including medical expenses paid by petitioner and insurers, to be reimbursed from proceeds of settlement or judgment b. Medical expenses were paid and are to be reimbursed from proceeds as follows: (3) [__] Paid by Medicare in the amount of. s less the statutory reduction in the amount of: $ (. for a total reimbursement to Medicare in the amount of: sC (Attach a copy of the final Medicare demand letter or letter agreement as Attachment 13b(3).) 4) Paid by Medi-Cal in the amount of S (a) [_] Notice of this claim or action has been given to the State Director of Health Care Services under Welfare and Institutions Code section 14124.73. A copy of the notice and proof of its delivery [__] is attached. [—) was filed in this matter on (date): ) (9 Notice of this claim or action has not been given to the State Director of Health Care Services. (Explain why notice has not been given in Attachment 13b(4).) © CO In full satisfaction of its lien rights, Medi-Cal has agreed to accept reimbursement in the amount of: s (Attach a copy of the final Medi-Cal demand letter or letter agreement as Attachment 13b(4).) @ CO Petitioner is entitled to a reduction of the Medi-Cal lien under Welfare and Institutions Code section 14124.76 and: (i) [1 |s filing a motion seeking a reduction of the lien concurrently with this petition (i) [) Requests that the court reserve jurisdiction over this issue. The amount of the lien in dispute is: $ © Gd (a) There are one or more statutory or contractual liens of medical service providers for payment of medical expenses. The total amount claimed under these liens is: S. 2.136.95 _ In full satisfaction of their lien claims, the lienholders have agreed to accept the total sum of: $s 1,216.47 (Provide requested information on each lienholder and certain other medical service providers below.) (b) The name of each medical service provider that furnished care and treatment to claimant and (1) has a lien for all or any part of the charges or (2) was paid (or will be paid from the proceeds) by petitioner for which petitioner requests reimbursement; the amounts charged and paid; the amount of negotiated reduction of charges, if any; and the amount to be paid from the proceeds of the settlement or judgment to each provider are as follows: () A) Provider (name): Adventist Medical Center Hanford (B) Address: P.O. Box 1304 Hanford, CA 93232 (C) Amount charged: s 1,840.95 (0) Amount paid (whether or not by insurance): S( ) (E) Negotiated reduction, if any: $(__920.48 ) (F) Amount to be paid from proceeds of settlement or judgment: $ Gi) “A Provider (name): CEP America California (8) Address: P.O. Box 582663, Modesto, CA 95358 (c) Amount charged: s 296.00 (0) Amount paid (whether or not by insurance) S( ) (E) Negotiated reduction, if any: $ F) Amount to be paid from proceeds of settlement or judgment: $ [) Continued on Attachment 13b(5). (Provide information about additional providers in the above format, including providers paid or to be paid by petitioner for which reimbursement is requested in item 13b(1) above. You may use form MC-350(A-13b(5)) for this purpose.) MC-366 [Rov January 1, 2011) PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 5 of 10 OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MC-350 CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUVBER + their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 19CECG03431 14. The claimant's attorney's fees and all other expenses (except medical expenses), including expenses advanced by claimant's attorney or paid or incurred by petitioner to be reimbursed from proceeds of settlement or judgment a Total amount of attorney's fees for which court approval is requested: s 792.86 (If fees are requested, attach as Attachment 14a, a declaration from the attomey explaining the basis for the request, including a discussion of applicable factors listed in rule 7.955(b) of the Cal. Rules of Court. Respond to item 18a(2) on page 7 and attach a copy of any written attomey fee agreement as Attachment 18a.) The following additional items of expense (other than medical expenses) have been incurred or paid, are reasonable, resulted from the incident or accident, and should be paid out of claimant's share of the proceeds of the settlement or judgment: Items Payees (names} Amounts Copy fees Adventist Medical Center 21.50 General Case Cost: Total Case Cost $621.13/3=$207.04 207.04 [1] Continued on Attachment 14b. Total: § 15. Reimbursement of expenses paid by petitioner Petitioner has paid none of the claimant's expenses listed in items 13 and 14 for which reimbursement is requested. (ea) Petitioner has paid (or become obligated to pay) the following total amounts of the claimant's expenses for which reimbursement is requested. (1) [] Medical expenses listed in item 13: $s (2) [_] Attorney's fees included in the total fee amount shown in item 14a: s (3) Other expenses included in the total shown in item 14b: s (Attach proofs of the expenses incurred and payments made or obligations to pay incurred, e.g., bills or invoices, canceled checks, credit card statements, explanations of benefits from insurers, etc.) 16. Net balance of proceeds for the claimant The balance of the proceeds of the proposed settlement or judgment remaining for the claimant after payment of all requested fees and expenses is: $ 1,162.13| 17. Summary a. Gross amount of proceeds of settlement or judgment for claimant: s 3,400.00 b. Medical expenses to be paid from proceeds of settlement or judgment: Ss 1,216.47 Attorney's fees to be paid from proceeds of settlement or judgment Ss 792.86 Expenses (other than medical) to be paid from proceeds of settlement or judgment: s 228.54 Total of fees and expenses to be paid from proceeds of settlement or judgment (add (b), (c), and (d)): $ (__2.237.87 ) Balance of proceeds of settlement or judgment available for claimant after payment of all fees and expenses (subtract (e) from (a)): sL_.i@.i3_d MC-350 [Rev January 1, 2011] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 6 of 10 OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MC-350 CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and CASE NUVBER —through their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al 19CECG03431 18. Information about attorney representing or assisting petitioner a. (1) [__] Petitioner has not been represented or assisted by an attorney in preparing this petition or in any‘other way with respect to the claim asserted. (Go to item 19.) (2) Petitioner has been represented or assisted by an attorney in preparing this petition or with respect to the claim asserted. Petitioner and the attorney donot [x_] do have an agreement for services provided in connection with the claim giving rise to this petition. (If you answered “do,” attach a copy of the agreement as Attachment 18a, and complete items 18b.—18f.) The attorney who has represented or assisted petitioner is (name): Maria G. Cordova (1) State Bar number: 309778 (2) Law firm: Perez, Williams, Medina & Rodriguez, LLP (3) Address: 1432 Divisadero, Fresno, CA 93721 (4) Telephone number: (559) 445-0123 The attorney has not [XxX] has received attorney's fees or other compensation in addition to that requested in this petition for services provided in connection with the claim giving rise to this petition. (If you answered "has," identify the person who paid the fees or other compensation, the amounts paid, and the dates of payment). From whom (names) Amounts Dates Celia Manzano 2,500.00 May 29, 2020 (©) Continued on Attachment 18c. The attorney [x] did not (J did become concerned with this matter, directly or indirectly, at the instance of a party against whom the claim is asserted or a party's insurance carrier. (If you answered “did,” explain the circumstances in Attachment 18d.) The attorney [__] is not is representing or employed by any other party or any insurance carrier involved in the matter. (if you answered “is,” identify the party or carrier and explain the relationship in Attachment 18e.) The attorney [_] doesnot [x] does expect to receive attorney's fees or other compensation in addition to that requested in this petition for services provided in connection with the claim giving rise to this petition. (if you answered “does, identify the person who pay the fees or other compensation, the amounts to be paid, and the expected dates of payment) fom whom (names) mounts xpected date: Alyssa Vela, a minor 792.86 Upon approval of this minors compromise petition. [] Continued on Attachment 18f. MC-350 [Rev January1, 2014] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Pago 7 of 10 OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MC-350 CASE NAME: Cclia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBER |_ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 19CECG03431 19. Disposition of balance of proceeds of settlement or judgment Petitioner requests that the balance of the proceeds of the settlement or judgment be disbursed as follows: a. There is a guardianship of the estate of the minor or a conservatorship of the estate of the adult person with a disability filed in (name of court): Case no. a Cos of the proceeds in money or other property will be paid or delivered to the guardian of the estate of the minor or the conservator of the estate of the conservatee. The money or other property is specified in Attachment 19a(1). 2 C4 Petitioner is the guardian or conservator of the estate of the minor or the adult person with a disability. Petitioner requests authority to deposit or invest $ of the money or other property to be paid or delivered under 19a(1) with one or more financial institutions in this state or with a trust company, subject to withdrawal only as authorized by the court. The money or other property and the name, branch, and address of each financial institution or trust company are specified in Attachment 19a(2). 3) CI] Petitioner proposes that all or a portion of the proceeds not become part of the guardianship or conservatorship estate. Petitioner requests authority to deposit or transfer these proceeds as follows (check ail that apply): @ Cis will be deposited in insured accounts in one or more financial institutions in this state from which no withdrawals can be made without a court order. The name, branch, and address of each depository are specified in Attachment 19a(3). (b) (J $ will be invested in a single-premium deferred annuity subject to withdrawal only on order of the court. The terms and conditions of the annuity are specified in Attachment 19a(3). © CI $ will be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act. The name and address of the proposed custodian and the property to be transferred are specified in Attachment 19a(3) eel Ss (d) Lo will be transferred to the trustee of a trust that is either created by or approved of in the order approving the settlement or the judgment given or to be given for the minor. This trust is revocable when the minor attains the age of 18 years and contains all other terms and conditions determined to be necessary by the court to protect the minor's interests. The terms of the proposed trust and the property to be transferred are specified in Attachment 19a(3). A copy of the (proposed) judgment is attached as Attachment 4c. _ Ss will be transferred to the trustee of a special needs trust under Probate Code sections 3602(d) and 3604 for the benefit of the minor or the adult person with a disability. The terms of the proposed special needs trust and the property to be transferred are specified in Attachment 19a(3). MC-350 [Rev Jarvary 1, 211] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 8 of 10 OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MC-350 CASE NAME: Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBER their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al 19CECG03431 19. Disposition of balance of proceeds of settlement or judgment (cont.) Petitioner requests that the balance of the proceeds of the settlement or judgment be disbursed as follows: There is no guardianship of the estate of the minor or conservatorship of the estate of the adult person with a disability. Petitioner requests that the balance of the proceeds of the settlement or judgment be disbursed as follows (check all that apply). a CO A guardian of the estate of the minor or a conservator of the estate of the adult person with a disability will be appointed. S of money and other property will be paid or delivered to the person so appointed. The money or other property are specified in Attachment 19b(1). (2) Co Ss of money will be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only upon the authorization of the court. The name, branch, and address of each depository are specified in Attachment 19b(2) (3) Co $s of money will be invested in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the court. The terms and conditions of the annuity are specified in Attachment 19b(3). (4) Ss will be paid or transferred to the trustee of a special needs trust under Probate Code sections 3604 and 3611(c) for the benefit of the minor or the adult person with a disability. The terms of the proposed special needs trust and the money or other property to be paid or transferred are specified in Attachment 19b(4). 6) $s 1,162.13 will be paid or delivered to a parent of the minor, upon the terms and under the conditions specified in Probate Code sections 3401-3402, without bond. The name and address of the parent and the money or other property to be delivered are specified in Attachment 19b(5). (Value of minor's entire estate, including the money or property to be delivered, must not exceed $5,000.) 6) $s will be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act. The name and address of the proposed custodian and the money or other property to be transferred are specified in Attachment 19b(6) (7) s will be transferred to the trustee of a trust that is either created by or approved of in the order approving the settlement or the judgment given or to be given for the minor. This trust is revocable when the minor attains the age of 18 years and contains all other terms and conditions determined to be necessary by the court to protect the minor's interests. The terms of the proposed trust and the money or other property to be transferred are specified in Attachment 19b(7). [J A copy of the (proposed) judgment is attached as Attachment 4c. (8) $ of money will be held on such conditions as the court in its discretion determines is in the best interest of the minor or the adult person with a disability. The proposed conditions are specified on Attachment 19b(8). (Value must not exceed $20,000.) (9) Co Ss of property other than money will be held on such conditions as the court in its discretion determines is in the best interest of the minor or the adult person with a disability. The proposed conditions and the property are specified in Attachment 19b(9). (10) (] $ will be deposited with the county treasurer of the County of (name). The deposit is authorized under and subject to the conditions specified in Probate Code section 3611 (h). a1) s will be paid or transferred to the adult person with a disability. The money or other property is specified in Attachment 19b(11). [_) Continued on Attachment 19 MC-360 [Rev January1, 2011] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 9 of 10 OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) MC-350 CASE NAME Celia Manzano, Abel Vela and Alyssa Vela, minors by and through CASE NUMBE |_ their Guardian ad Litem Elisa Vela v. Kaitlyn M. Avila, et al. 9CECG03431 20. L Statutory liens for special needs trust Petitioner requests a court order for payment of funds to a special needs trust (explain how statutory liens under Probate Code section 3604, if any, will be satisfied) Continued on Attachment 20. 21 Additional orders Petitioner requests the following additional orders (specify and explain). [ Leach Continued on Attachment 21 22; Petitioner recommends the compromise settlement or the proposed disposition of the proceeds of the judgment for the claimant to the court as being fair, reasonable, and in the best interest of the claimant and requests that the court approve this compromise settlement or proposed disposition and make such other and further orders as may be just and reasonable 23 Number of pages attached: Date: June 3. 2020 MARIA G. CORDOVA SED (TYPE OR PRINT NA‘ TT (SIGNATURE OF ATTORNEY) | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: June, 2020 ELISA VELA ‘YPE OR PRINT NAME OF PETITIONER) > LUE Ce (SIGNATURE OF PE ) MC-350 [Rev. January 1, 2071] PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM Page 10 of 10 OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) PETITIONER/PLAINTIFF: Celia Manzano, Abel Vela, et al. ‘CASE NUMBER: RESPONDENT/DEFENDANT: Kaitlyn M. Avila, et al. 19CECG03431 Attachment 9 A. Adventist Medical Center B. Nidhi Mehrotra, M.D. sdifins ED Physician Notes VELA, ABEL - 22-842-74 * Final Report * Result Type: ED Physician Notes Result Date: December 12 2017 18:04 PST Result Status: Auth (Verified) Result Title: Motor vehicle crash - minor Performed By: Levine, NP, Dennis M on December 12 2017 18:07 PST Verified By: Levine, NP, Dennis M on December 12 2017 18:07 PST Encounter info: 32700631457, 54, Emergency, 12/12/2017 - 12/12/2017 * Final Report * Motor vehicte crash - minor Patient: VELA, ABEL MRN: 22-842-74 FIN: 32700631457 Age: Syears Sex: Male DOB: 05/24/2012 Associated Diagnoses: None Author: Levine, NP, Dennis M Basic Information Additional information: Chief Complaint from Nursing Triage Note : Reason for visit history 12/12/2017 17:56 PST Was in MVA, restrained in car seat. Car was rear ended . History of Present Illness The patient presents following motor vehicle collision. The onset was just prior to arrival. The Collision was front impact, driver side impact and vehicle at stop light, hit on drivers side front.. The patient was the passenger and in the rear seat. There were safety mechanisms including seat belt and booster seat, no airbag. Location: negative. The degree of pain is minimal. The degree of bleeding is minimal. Risk factors consist of none. Therapy today: none. Associated symptoms: none. Review of Systems Constitutional symptoms: Negative except as documented in HPI. Skin symptoms: Negative except as documented in HPI. Eye symptoms: Negative except as documented in HPI. ENMT symptom