Judge: Daniel M. Crowley, Case: 20STCV23568, Date: 2023-02-28 Tentative Ruling

Case Number: 20STCV23568    Hearing Date: February 28, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Gilbert Herrera filed by Petitioner Jonathan Caleb Donner

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

BACKGROUND

On June 23, 2020, Plaintiff Gilbert Herrera (“Plaintiff”) filed this action against Defendant Miracle Mile Properties, LP (“Defendant”) for negligence and premises liability.

On November 4, 2021, Defendant filed an answer.

On December 13, 2022, Petitioner Rachel Lee filed a Petition to Approve Compromise of Pending Action on Behalf of Minor Quinn Hana Lee, to be heard on January 19, 2023.

On December 27, 2022, Petitioner Jonathan Caleb Donner (“Petitioner”) filed a Petition to Approve Compromise of Pending Action on Behalf of Gilbert Herrera, to be heard on January 19, 2023. The Court continued the hearing on the motion to February 28, 2023.

PARTY’S REQUESTS

Petitioner Jonathan Caleb Donner asks the Court to approve the compromise of the pending action on behalf of Plaintiff Gilbert Herrera.

DISCUSSION

The Court continued the hearing on the motion to allow counsel to submit a declaration providing justification for attorney’s fees exceeding 25%.

The Court finds that counsel’s declaration does not warrant attorney’s fees exceeding 25%. Counsel’s declaration states that his “office expended numerous hours and work in the litigation of the matter,” including ascertaining damages, conducting discovery and attending mediation. There are no specifics provided that would warrant more than a 25% fee award.  The costs sought do not appear to include any deposition expenses.  General statements that an attorney engaged in the normal steps to represent a client do not justify such an award.

The Court grants the petition, reducing attorney’s fees to 25%, or $8,750.00. The net settlement totals $9,430.94.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Gilbert Herrera filed by Petitioner Jonathan Caleb Donner is GRANTED, reducing attorney’s fees to $8,750.00. The net settlement totals $9,430.94.  

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

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 March 8, 2023 Orders to Show Cause (dismissal, payment of waived fees) are continued to May 19, 2023 at 8:30 a.m.

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