Judge: Audra Mori, Case: 21STCV36728, Date: 2023-03-09 Tentative Ruling

Case Number: 21STCV36728    Hearing Date: March 9, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Oliver Dubose (“Claimant”), a minor by and through his guardian ad litem, Dana Dubose (“Petitioner”), filed this action against Defendant Ellen Beth Bradley (“Defendant”) for damages Claimant sustained when he was riding a scooter in a crosswalk and was hit by Defendant’s car.  Claimant suffered a “right foot injury” as a result of the accident.  (Petition ¶ 6.)  Claimant has now recovered completely from the effects of the injuries.

Claimant, by and through his guardian ad litem and attorney of record, has agreed to settle all claims with Defendant for the total amount of $125,000.00.  According to the petition, if the settlement is approved, $9,482.71 will be used for medical expenses, $41,666.00 for attorney fees, and $6,885.54 will be used for costs.  The net balance of $66,965.75 will be deposited into a blocked account. 

The petition is denied without prejudice.  While the petition indicates that Petitioner is requesting that $41,666.00 of Claimant’s settlement be used for attorney fees, (Petition ¶¶ 13a, 16c), the following handwritten notation appears below Petitioner’s signature, “I dispute the amount of attorney fees[ ] based on previous email and verbal assurances.”  (Id. at p. 10.)  Thus, it appears there is a dispute between Petitioner and Counsel concerning the requested amount of attorney fees, and it is unclear what amount of attorney fees approval is actually being petitioned for.  Moreover, the Court must determine whether any attorney fees requested are reasonable under all the facts and circumstances presented.  The request for $41,666.00 in attorney fees constitutes approximately 33.33% of Claimant’s total settlement amount.  At this time, the Court is not satisfied the efforts in this case justify such a high fee.  The Court asks Petitioner and Counsel to explain in greater detail why the fee would be justified pursuant to Rule 7.955(b) or reduce the fee in connection with a new petition to a more reasonable amount. 

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 16 years old, so the Court will require Claimant, along with 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 9^th day of March 2023