Judge: Anne Hwang, Case: 23STCV09086, Date: 2024-09-30 Tentative Ruling

Case Number: 23STCV09086    Hearing Date: September 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 filed on September 5, 2024 by Petitioner Stephanie Bautista (Petitioner) on behalf of Claimant Yeyetzi Briceno, age 8. The Court conditionally grants the petition.

Petitioner requests $5,500 in attorney fees which represents 25% of the gross settlement. The Court finds this amount to be reasonable.

In the proposed order (MC-351), the $435 in costs should be written in item 8a(2) and the reimbursement to the Department of Health Care Services, along with the address, must be added in 8a(3)(a). As a result, Petitioner does not need to fill out 8a(4). Item 9a must be completed with the information in attachment 18b2. 

Petitioner must file an amended proposed order (MC-351) within five (5) business days with the above corrections.

Accordingly, the Court conditionally grants the petition pending filing of the amended proposed order (MC-351).

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