Judge: Audra Mori, Case: 21STCV28982, Date: 2023-02-22 Tentative Ruling

Case Number: 21STCV28982    Hearing Date: February 22, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Romina G. Garcia (“Petitioner”), and Jason Sarabia (“Claimant”), a minor by and through his guardian ad litem, Petitioner, filed this action against Defendants Jose L. Franco and the City of South Gate (collectively, “Defendants”) for damages arising from a motor vehicle accident.  Claimant suffered “Neck/left trapezius [muscle] pain[;] sprain of ligaments of the cervical spine (neck).”  (Petition ¶ 6.)  Plaintiff has now recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle the claims with Defendants for the total amount of $52,500.00, with $47,500 being apportioned to Petitioner and $5,000 to Claimant.  Pertaining to Claimant, if the settlement is approved, $450 will be used for medical expenses and $1,250.00 will be for attorney fees.  The net balance of $3,300.00 will be deposited into a blocked account. 

The Court has reviewed the settlement and finds it fair and reasonable.  The Court also finds the attorney fees fair and reasonable, in that they amount to 25% of the minor’s settlement.  

The Court’s only concern is that at item 17 of the petition, Petitioner indicates that counsel does not expect to receive attorney fees other than those listed in the petition.  However, the same counsel represents Petitioner and Claimant.  To the extent that counsel is receiving attorney fees from Petitioner’s settlement amount, the attorney fees must be disclosed at item 17f.  If attorney fees are being paid solely from Claimant’s settlement amount, Petitioner must submit a declaration explaining why this is the case.  Therefore, Petitioner is ordered to file an amended petition correcting the above defect prior to the hearing. 

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 15 years old, so Claimant will be required to appear, along with Petitioner, at the hearing, if an amended petition is filed.  They are encouraged to appear remotely.  If the Court is satisfied with Petitioner’s and Claimant’s testimony, and the Court receives the amended petition, the Court will grant the petition and sign the proposed orders.

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 22^nd day of February 2023