Judge: Audra Mori, Case: 21STCV29160, Date: 2023-02-28 Tentative Ruling

Case Number: 21STCV29160    Hearing Date: February 28, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Emerita Damaris Centeno De Lacayo (“Emerita”), Jose Gilbert Lacayo Ayala (“Ayala”), and Fernando Saul Lacayo (“Claimant”), a minor by and through his guardian ad litem, Saul Gilberto Lacayo Nolasco (“Petitioner”), filed this action against Defendant Elina Bianca Qasabian (“Defendant”) for damages arising from a motor vehicle accident.  Claimant suffered aches and pain to neck, shoulder, arms, hands, and head.  Claimant has recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle their claims with Defendant for the total amount of $57,100.00, with $12,500 being apportioned to Claimant, $25,400 to Emerita, and $19,200 to Ayala.  Pertaining to Claimant, if the settlement is approved, $2,213.93 will be used for medical expenses, $4,125.00 for attorney fees, and $978.05 will be used for costs.  The net balance of $5,183.02 will be deposited into a blocked account.

The petition is denied without prejudice for the following reasons:

·       In Attachment 11b(6), Petitioner provides only that “[t]he reasons for the apportionment of the settlement payments between claimant and each other plaintiff is based on the damages amount of each plaintiff.”  However, Petitioner does not provide any information regarding each Plaintiffs’ damages.  Petitioner must submit this information, including information concerning each Plaintiffs’ special damages, to allow the Court to determine the reasons for the apportionment of the settlement proceeds. 

·       Petitioner requests approximately 33% of Claimant’s settlement be used for attorney fees.  The Court is not satisfied the efforts in this case, which basically involve settlement negotiations, justify such a high 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.

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 28^th day of February 2023