Judge: Audra Mori, Case: 21STCV28843, Date: 2022-12-14 Tentative Ruling

Case Number: 21STCV28843    Hearing Date: December 14, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff, Brian Bulthuis (“Petitioner”) and Isabella Bulthuis (“Claimant”), a minor by and through her guardian ad litem, Petitioner, filed this action against Defendants Jose Lozano, Jr. and Christine Campos (collectively, “Defendants”) for damages arising from a motor vehicle accident.  As a result of the accident, Claimant “complained of right shoulder pain, bilateral knee pain and chest pain… [and] was given a sling for her shoulder pain.”  (Petition ¶ 6.)  Claimant has now recovered completely from her injuries. 

Plaintiffs have agreed to settle all claims with Defendants for the total amount of $104,500.00, with $100,000 being apportioned to Petitioner and $4,500 to Claimant.  Pertaining to Claimant, if the settlement is approved, $780.26 will be used for medical expenses, $1,500.00 for attorney fees, and $30.00 will be used for costs.  Petitioner proposes to have the net balance of $2,189.74 paid directly to him, without bond. 

·       Petitioner requests approximately 33.33% of Claimant’s settlement be used for attorney fees.  After reading the declaration of counsel, the Court is not satisfied the efforts in this case justify this fee.  The Court asks counsel to reduce the fee in connection with an amended petition.  The Court does not typically award attorney fees in excess of 25% in cases involving minors absent extraordinary efforts, described with particularity, 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.  Plaintiff herein is only seventeen years old, and thus, the Court will require Claimant and Petitioner to appear at the hearing on 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 14^th day of December 2022