Judge: Daniel M. Crowley, Case: 20STCV49094, Date: 2023-01-18 Tentative Ruling

Case Number: 20STCV49094    Hearing Date: January 18, 2023    Dept: 28

Petition to Approve Compromise of Pending Action on Behalf of Minor Robert Perkins III filed by Petitioner Robert Perkins Jr.

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

BACKGROUND

On December 23, 2020, Plaintiff R.P. (“Claimant” or “R.P”) filed this action against Defendants TBINXPRESS, LLC (“TBINXPRESS”), Jose Raul Galvan Islas (“Islas”), Ghetto Rescue Foundation (“GRF”) and Tamara Baumann (“Baumann”) for negligence, negligent hiring, retention, supervision and entrustment, and negligent entrustment.

On March 17, 2021, Baumann filed an answer. On April 6, 2021, TBINXPRESS and Islas filed an answer.

On January 7, 2021, Plaintiff Vanessa Jane Perkins (“Vanessa”) filed this action against Defendants TBINXPRESS and Islas for negligence and negligent hiring, supervision and retention.

On December 16, 2021, Defendants filed an answer.

On October 25, 2022, Intervenor State Compensation Insurance Fund (“Intervenor”) filed a complaint-in-intervention against Defendants TBINXPRESS and Islas.

On November 22, 2022, Defendants filed an answer.

On December 28, 2022, Petitioner Robert Perkins Jr. (“Petitioner”) filed a Petition to Approve Compromise of Pending Action on Behalf of Minor Robert Perkins III, to be heard on January 18, 2023.

PARTY’S REQUESTS

Petitioner Robert Perkins, Jr. asks the Court to approve the compromise of the pending action on behalf of Plaintiff Robert Perkins III.

DISCUSSION

Section 12 is incorrectly or incomplete. Petitioner notes total medical expenses were $703,188.64. Approximately $47,000.00 has already been paid and reductions total $12,000.00. This should leave approximately $640,000.00 in unresolved medical liens at minimum, but Petitioner only notes that approximately $36,000.00 is to be paid from the proceeds.

Section 17(f) is also incomplete—Petitioner noted that the attorney expects to receive attorney’s fees but did not list the amount.

Additionally, the Court has questions about the expenses paid for pre-settlement funding loans, especially that from Petitioner’s law firm.  Given the posture of the case at the time of settlement, the Court will not award attorney’s fees exceeding 25% of the gross settlement.

Based on the above, the Court denies the petition.

CONCLUSION

Petition to Approve Compromise of Pending Action on Behalf of Minor Robert Perkins III filed by Petitioner Robert Perkins Jr. Is DENIED.

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.