Judge: Anne Hwang, Case: 21STCV10370, Date: 2024-07-30 Tentative Ruling

Case Number: 21STCV10370    Hearing Date: July 30, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

The Court has reviewed the Petition to Approve Compromise of Pending Action of a Minor, filed on by Petitioner Racquel Wills (Petitioner) on behalf of Claimant Jayda Brisco, age 16. The Court denies the petition without prejudice for the following reasons.

Petitioner asserts Claimant was injured in a rear-end motor vehicle accident on February 6, 2021 and had neck, low back, and head pain, headaches, and depression. Petitioner asserts Claimant is not recovered from the neck and back pain and depression, but that the symptoms are temporary. However, the medical records attached do not indicate that the injuries are temporary.

In item 12b(5)(b)(iii), based on the reduction, it appears the amount paid should be $1,100. (However, the proposed order shows $1,500 being reimbursed to Advanced Imaging Center.)

Additionally, the total lien amounts in item 12b5 and attachment12b(5) do not equal $14,457 as Petitioner indicates.

Petitioner requests $99,000 in attorney fees which represents 33% of the gross settlement. The Court finds this to be reasonable.

Accordingly, the Court denies the petition without prejudice.

Petitioner shall give notice and file a proof of service of such.