Judge Audra Mori, Case 20STCV47138 2022-08-10 Tentative Ruling

Judge: Audra Mori, Case: 20STCV47138, Date: 2022-08-10 Tentative Ruling

Case Number: 20STCV47138 Hearing Date: August 10, 2022 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

JUAN ALFREDO MARTINEZ, ET AL.,

Plaintiff(s),

vs.

STEUBER CORPORATION, ET AL.,

Defendant(s).

)

CASE NO: 20STCV47138

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE PETITION TO APPROVE COMPROMISE OF MINOR

Dept. 31

1:30 p.m.

August 10, 2022

Plaintiffs Juan Alfredo Martinez (“Juan”), Sonia Aquino (“Sonia”), Julian Bernardo Martinez (“Julian”), a minor by and through his guardian ad litem, Maria D. Martinez (“Petitioner”), Christian Martinez (“Christian”), a minor by and through his guardian ad litem, Petitioner, Angel Bravo Aquino (“Angel”), a minor by and through his guardian ad litem, Petitioner, and Alyssa Martinez (“Alyssa”) filed this action against Defendants Steuber Corporation and Ryan Christopher (collectively, “Defendants”) for damages arising from a motor vehicle accident.

Petitioner has filed a Petition for Approval of Compromise of Claim or Action as to minor plaintiffs Julian, Christian, and Angel (collectively, “Claimants”).[1] Plaintiffs’ vehicle was rear-ended by Defendants’ vehicle. Julian suffered pain to his neck, back, and right leg; Christian suffered pain to his neck, right hip and back; Angel suffered pain to his neck, head, back, right shoulder, hip, and right rib. Claimants have now recovered completely from the effects of their injuries.

Plaintiffs have agreed to settle all claims with Defendants for the total amount of $608,019.50, with $490,000 being apportioned to Juan, $75,000 to Sonia, $15,000 to Alyssa, $7,685.50, $10,000 to Christian, and $10,334.00 to Angel.

Pertaining to Julian, if the settlement is approved, $2,223.02 will be used for medical expenses, $2,804.52 for attorneys’ fees, and $788.86 will be used for costs. The net balance of $1,869.10 will be deposited into a blocked account.

Pertaining to Christian, if the settlement is approved, $2,795.00 will be used for medical expenses, $4,000.00 for attorneys’ fees, and $885.80 will be used for costs. The net balance of $2,319.20 will be deposited into a blocked account.

Pertaining to Angel, if the settlement is approved, $3,903.20 will be used for medical expenses, $4,080.16 for attorneys’ fees, and $773.80 will be used for costs. The net balance of $1,576.84 will be deposited into a blocked account.

The petitions are denied without prejudice for the following reasons:

· Petitioner request that approximately 36% of Julian settlement, 40% of Christian’s settlement, and approximately 38% of Angel’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 amended petitions. 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, Claimants and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance. Julian is only seven years old; the court finds Julian’s age constitutes good cause to excuse his appearance. Christian and Angel are each 15 years old. Therefore, if sufficient amended petitions are filed, Christian and Angel, along with Petitioner, will be required to appear in connection with the amended petitions.

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 10^th day of August 2022

Hon. Audra Mori

Judge of the Superior Court

[1] The court’s records show that two petitions were filed as to each Julian, Christian, and Angel, with one set being filed on July 8, 2022, and the second being filed on July 13, 2022. The court will address the petitions filed on July 13 only.