Judge: Christian R. Gullon, Case: 24PSCV02202, Date: 2025-05-28 Tentative Ruling
Case Number: 24PSCV02202 Hearing Date: May 28, 2025 Dept: O
Tentative Ruling
Background
This case arises from a motor vehicle accident that
happened in May 2023.
On July 8, 2024, Plaintiffs ALEXANDRIA LAUREN
KJELLESVIG; JUSTIN DAMIEN LOPEZ (“Justin”), a minor by and through his
Guardian, Alexandira Lauren Kjellesvig filed suit against Defendant Nathaniel
Emmanuel Codding.
On December 20, 2024, Defendant filed his answer.
On April 23, 2025, a notice of settlement was filed.
On Mah 7, 2025, Plaintiff filed the instant petition.
Discussion
According to the petition, Justin, who is 16 years
old, suffered a broken/deformed nose as a result of the car accident. The
parties agreed to settle the case for a gross sum of $200,000, $100,000 to each
plaintiff. The breakdown is as follows: medical expenses of $25,208.75;
$33,333.33 in attorney fees; expenses of $1,434.90. This yields a balance of
$40,023.03. As for attorney fees, “In any case in which a trial court approves
a settlement involving the payment of funds to a minor, the court must make an order
for the payment of reasonable attorney fees.” (Schulz v. Jeppesen Sanderson,
Inc. (2018) 27 Cal.App.5th 1167, 1174.)[1]
Here, Counsel’s declaration states that he has over 35 years’ experience, that
is office conducted extensive research and investigation, and that his office
responded to multiple sets of written discovery. What is more, the trial
court “must give consideration to the terms of any
representation agreement made between the attorney and the representative
of the minor [] and must evaluate the agreement based on the facts
and circumstances existing at the time the agreement was made.” (Id. at
p. 1176.) Here, the fee agreement is in writing in conformance with all State
Bar and legal requirements and remains the controlling fee agreement. With
that, balancing all of the factors, the court finds the attorney fees
reasonable.
Conclusion
Based on the foregoing, the petition is granted.