Judge: Anne Hwang, Case: 21STCV38333, Date: 2023-12-15 Tentative Ruling

Case Number: 21STCV38333    Hearing Date: January 12, 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
by Petitioner Kara Gil (Petitioner) on behalf of Claimant Kaio Gil, age 4. The Court CONDITIONALLY
GRANTS the petition.

Petitioner indicates in attachment 12b(5) that it is
seeking $2,153.04 to
reimburse the insurance carrier (Mercury MedPay) for payments to medical
providers. No medical providers will be reimbursed from the proceeds. It
appears that this amount will be paid as “expenses” to counsel of record. (See
10c, 16d.)

Petitioner seeks $6,900 in attorney fees, which
represents 23% of the gross settlement. The Court finds this amount to be
reasonable.  

The Court finds the other defects identified in the
previous petition have been addressed. (Min. Order, 12/15/23.)

However, the moving party’s counsel’s firm name does not
match the court’s records. Accordingly, counsel must file a notice of change of
law firm or otherwise cure the defect before the Court can sign the order.