Judge: Daniel M. Crowley, Case: 19STCV25734, Date: 2023-02-15 Tentative Ruling

Case Number: 19STCV25734    Hearing Date: February 15, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Addison Marlow filed by Petitioner Joseph Raymond Marlow

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND

On July 23, 2019, Plaintiff A.M. (“Plaintiff”) filed this action against Defendants Watch Club, Inc. (“WC”), Reading for Education, LLC (“RFE”) and ASD.com, Inc. (“ASD”) for strict products liability and negligence.

On October 23, 2020, Plaintiff filed the FAC.

On May 26, 2021, RFE and ASD filed an answer. On May 13, 2022, RFE and ASD filed a Cross-Complaint against Cross-Defendant WC for total equitable indemnity, contribution based upon comparative fault, declaratory relief and negligence. On June 22, 2022, WC filed an answer.

On June 7, 2021, WC filed an answer.

On December 30, 2022, Petitioner Joseph Raymond Marlow (“Petitioner”) filed a Petition to Approve Compromise of Pending Action on Behalf of Minor Addison Marlow, to be heard on February 15, 2023.

PARTY’S REQUESTS

Petitioner Joseph Raymond Marlow asks the Court to approve the compromises of the pending action on behalf of Plaintiff Addison Marlow.

DISCUSSION

Petitioner requests the net balance be deposited in an SNT, which must be reviewed by the probate department prior to approval. The Court continues the hearing on the motion to allow the probate department to review the SNT instrument.

Additionally, the Court finds petitioner’s counsel has not offered any justification for his fee other than his fee agreement.  The Court limits the  attorney’s fees to 25% of the gross balance.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Addison Marlow filed by Petitioner Joseph Raymond Marlow is CONTINUED to March 20, 2023, at 8:30 a.m. in Department 28 of the Spring Street Courthouse.

The Court orders the net balance be distributed as requested by Petitioners.

Petitioner is ordered to give notice of this ruling.

Petitioner is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.