Judge: Audra Mori, Case: 20STCV01387, Date: 2022-08-04 Tentative Ruling

Case Number: 20STCV01387    Hearing Date: August 4, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Mya Goff (“Claimant”), a minor by and through her guardian ad litem, Davetta Goff (“Petitioner”), filed this action against Defendant Children of Promise Preparatory Academy (“Defendant”), et al. for injuries Claimant sustained while at Defendant’s school, alleging that due to negligent supervision and a dangerous condition of the premises, Claimant fell and hit head on the school playground.  Claimant sustained headaches, head pain, neck pain, and emotional injuries.  Claimant has now recovered completely from her injuries. 

Claimant, by and through her guardian ad litem and attorney of record, has agreed to settle all claims with Defendant for the total amount of $55,000.00.  If the settlement is approved, $3,523.22 will be used for medical expenses, $18,150.00 for attorneys’ fees, and $900.59 will be used for costs.  Of the net balance of $32,426.19, Petitioner proposes to have $27,426.19 deposited into a blocked account and $5,000 be paid or delivered to Petitioner, without bond.    

The request is denied without prejudice for the following reason:

·       Petitioner requests approximately 33% of Claimant’s settlement be used for attorney’s fees.  The court is not satisfied the efforts in this case justify such a high fee.  The court asks counsel to reduce the fee in connection with an amended petition or submit a declaration sufficiently detailing the efforts expended in the case to support the requested fees.  The court does not typically award attorneys’ fees in excess of 25% in cases involving minors absent extraordinary efforts on the part of counsel.

Pursuant to CRC 7.952, Claimant and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.  Claimant herein is 12 years old, and so the court will require Claimant to appear.  Claimant and Petitioner will be required to appear; they are encouraged to appear remotely.  The court wishes to hear from Petitioner specifically concerning the payment of a portion of the funds to Petitioner, without bond, and the court wishes to know how Petitioner plans to use the funds in order to determine whether this is an appropriate arrangement.  Claimant and Petitioner are ordered to appear at a hearing with an amended petition. 

Petitioner is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 4^th day of August 2022