Judge: Christian R. Gullon, Case: 24PSCV00168, Date: 2025-02-18 Tentative Ruling

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Case Number: 24PSCV00168    Hearing Date: February 18, 2025    Dept: O

Tentative Ruling

PETITION TO APPROVE MINOR’S COMPROMISE OF DISPUTED CLAIM is GRANTED.

Background

This case arises from an October 2023 accident wherein the then 15-year-old plaintiff, who was crossing the street after school, was struck by a driver. According to the instant petition, Plaintiff Jerome/claimant suffered a fractured right clavicle, seven rib fractures, pulmonary contusion, subdural hematoma, multiple abrasions, and contusions on his body; he required a helicopter transport, hospitalization, and rehabilitation for his injuries. According to a physician note dated 1/16/25, Plaintiff has fully recovered and is no longer in need of further treatment. 

On January 16, 2024, Plaintiffs Jerome Liao, a minor through his Guardian Ad Litem Yenchun Liao, filed suit against Defendants Sophia Sohee Cho (driver) and Simon Cho (owner of the vehicle).

On April 12, 2024, Defendants filed their answer.

On January 24, 2025, the instant petition was filed.

(There is also a CMC/ADR Plan and Post-Mediation Status conference set for 6/12/25.)

Discussion

Defendants have offered to pay Plaintiff $250,000 in exchange for dismissal of this action with prejudice and a general release of claims arising from the accident. The settlement will be paid in one lump sum. Of this amount, $80,000 will go towards medical expenses; $81,727.70 will go towards attorney fees (based off a 33.33 percent contingency fee); and $4,816.90 in expenses (other than medical).

Here, the court finds no defects with the application. Even as to the attorney fees, the court finds the firm’s fee reasonable. As explained in Counsel Susan Lee Yu’s declaration, the biggest obstacle in obtaining a favorable judgment outcome was Jerome’s potential comparative fault. (Yu Decl., p. 1.) When the incident occurred, Jerome was crossing the street away from a marked crosswalk and the police report put Jerome at fault for causing the accident such that Defendants’ insurance carrier denied any liability. With that, Plaintiffs conducted discovery, including hiring an expert accident reconstructionist who prepared a detailed report explaining on how Defendant Sophia Cho’s negligence contributed to the incident, which was critical in obtaining a favorable settlement. (p. 2.)

Conclusion

Based on the foregoing, the petition is granted.