Judge: Audra Mori, Case: 21STCV45275, Date: 2022-10-21 Tentative Ruling

Case Number: 21STCV45275    Hearing Date: October 21, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Josie L. Mason (“Claimant”), a minor by and through her guardian ad litem, Chad Mason (“Petitioner”), Stephanie Mason (“Stephanie”), and Petitioner filed this action against Defendant David P. Jarner (“Defendant”) for injuries relating to a dog bite incident.  Plaintiffs were on Defendant’s property with his invitation when Defendant’s dog bit Claimant’s face.  Claimant suffered multiple facial lacerations.  Claimant has not recovered completely from the effects of the injuries. 

Plaintiffs have agreed to settle their claims with Defendant for the total amount of $246,500.00, with $220,000 being apportioned to Claimant, $12,500 to Petitioner, and $14,000 to Stephanie.  Pertaining to Claimant, if the settlement is approved, $16,541.69 will be used for medical expenses, $60,100.00 for attorney fees, and $2,187.19 will be used for costs.  The net balance of $141,171.12 will be invested in a single-premium deferred annuity. 

The petition is denied without prejudice for the following reasons:

·       Petitioner requests that approximately 27.32% of Claimant’s settlement be used for attorney 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 an amended petition.  The Court does not typically award attorney fees in excess of 25% in cases involving minors absent extraordinary efforts on the part of counsel.

·       Petitioner filed the instant petition on an outdated version of Judicial Council Form MC-350, Rev. January 1, 2011.  The Court asks Counsel who assisted in preparing the petition to use the updated version of Judicial Council Form MC-350, Rev. January 1, 2021.

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 only ten years old and was only seven when the incident occurred.  The Court finds Claimant’s age constitutes good cause to excuse Claimant’s appearance.  Only Petitioner will be required to appear at a hearing on an amended petition; Petitioner is encouraged to appear remotely.

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 21^st day of October 2022