Judge: Audra Mori, Case: 22STCV27763, Date: 2022-12-08 Tentative Ruling

Case Number: 22STCV27763    Hearing Date: December 8, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Mia Overson (“Claimant”), a minor by and through her guardian ad litem, Joseph Overson (“Petitioner”), filed this action against Defendants Ricardo Guevara and Hugo Guevara for damages arising from a motor vehicle accident.  Claimant was a passenger in a vehicle driven by Petitioner when it was struck by Defendants’ vehicle.  Claimant suffered “Pain over the top of her head; Neck pain with pain traveling into right arm extending into elbow; Upper back pain; Low back pain; Pain and minor abrasion over right lower abdominal area; Pain and bruising right arm; Pain and bruising left leg and calf.”  (Petition ¶ 6.)  Claimant has now recovered completely from the effects of the injuries. 

Claimant, by and through her guardian ad litem and attorney of record, has agreed to settle all claims with Defendants for the total amount of $15,000.00.  Petitioner provides that Defendants are also settling their claims with Petitioner for $15,000.00.  Pertaining to Claimant, if the settlement is approved, $4,454.69 will be used for medical expenses, $5,000.00 for attorney fees, and $545.00 will be used for costs.  The net balance of $5,000.31 will be deposited into a blocked account. 

·       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.

·       Petitioner submitted the proposed order to approve settlement on Judicial Council Form MC-351.  However, the Court cannot locate a proposed order to place funds in a blocked account on Judicial Council Form MC-355.  Petitioner must file a proposed order on both forms MC-351 and MC-355 when Petitioner re-files the petition.    

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, and thus, the Court will require both 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 8^th day of December 2022