Judge: Audra Mori, Case: 20STCV13256, Date: 2023-01-13 Tentative Ruling

Case Number: 20STCV13256    Hearing Date: January 13, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Dunia E. Varela (“Petitioner”) and minor Christopher D. Rios (“Claimant”) by and through his guardian ad litem, Dunia E. Varela filed this action against Defendants, Aaron Sanderlin (“Defendant Aaron”) and Jacqueline L. Sanderlin (collectively “Defendants”) for damages arising from a motor vehicle accident.  Defendant Aaron collided with Plaintiffs’ vehicle in which Claimant was a passenger.  Claimant suffered the following injuries as a result of the accident: he was scared, nervous and cried but had no physical or neurological injuries and has had no complaints since the subject accident.  Claimant has now recovered completely, and there are no permanent injuries.

Petitioner filed the instant petition for approval of compromise of claim pertaining to Claimant on September 27, 2022, setting it for hearing for October 31, 2022, which was continued to January 13, 2023.

The parties have agreed to settle all claims with Defendant for the total amount of $6,000.00, with $1,000.00 being apportioned to Claimant and $5,000.00 being apportioned to Petitioner.  Pertaining to Claimant, if the settlement is approved, $205.53 will be used for medical expenses, $250.00 will be used for attorney fees, and $44.47 will be used for costs.  The net balance of $500.00 will be deposited into a blocked account. 

The court has reviewed the settlement and finds it fair and reasonable.  Counsel seeks a fee of 25% of the minor’s settlement, which is reasonable under the circumstances.  California Rules of Court rule 7.955(c), states: “A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.”  At Attachment 17a, rather than as Attachment 13a, Counsel attaches a declaration and retainer agreement indicating that the amount of attorney fees requested is less than what Plaintiffs and their counsel agreed to in this matter. 

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 14 years old.  Claimant and Petitioner will be required to appear at the hearing on the Petition.  They are encouraged to appear remotely.  If the Court is satisfied with Petitioner’s and Claimant’s testimony, the petition will be granted.  

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.  

Dated this 13^th day of January 2023