Judge: Daniel M. Crowley, Case: 21STCV08046, Date: 2023-02-17 Tentative Ruling

Case Number: 21STCV08046    Hearing Date: February 17, 2023    Dept: 28

CASE NUMBER:  21STCV08046                                                  

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Expedited Petition to Approve Compromise of Pending Action of a Minor, Darla Pacas, Age 13

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TENTATIVE:  GRANTED

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FACTS:  Claimant Darla Pacas (“Claimant”) allegedly witnessed Defendant Filemon Estrella (“Defendant”) strike Plaintiff Nayeli Preza (“Nayeli”) with a vehicle, injuring Nayeli. As a result, Claimant suffered from post-traumatic stress disorder.

            This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Silvia Pacas (“Petitioner”) uses the required Judicial Council forms and meets certain conditions.  The settlement must not exceed $50,000.  The conditions are:

¿ Petitioner is represented by an attorney.

¿ The claim is not for wrongful death.

¿ Settlement proceeds will not be placed in a trust.

¿ There are no unresolved liens to be satisfied from the proceeds of the settlement.

¿ Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier.

¿ Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition.

¿ If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith.

¿ The settlement, exclusive of interests and costs, is $50,000 or less ¿ OR if greater than $50,000, the amount payable is the insurance policy limits AND all proposed contributing parties would be substantially unable to use assets other than the insurance policy limits proposed contributing parties would be substantially unable to use assets other than the insurance policy limits.¿ AND the court does not otherwise order. ¿ AND the court does not otherwise order.

SETTLEMENT:  $5,000.00

INJURIES:  PTSD

MEDICAL EXPENSES:  $450.00

COSTS:  $172.10

ATTORNEY’S FEES:  $1,650.00, which is 33% of the gross settlement.

BALANCE OF PROCEEDS: $2,727.90

DISCUSSION:

Petitioner has submitted a completed packet with all applicable attachments. However, the Court will not award attorney’s fees exceeding 25% of the gross balance. The Court awards attorney’s fees totaling $1,250.00, making the balance of proceeds $3,127.90.

Petitioner requests the net balance be deposited into an insured account at Wells Fargo at Rancho Palos Verdes, 28530 S Western Ave, Rancho Palos Verdes, CA 90275.