Judge: Jill Feeney, Case: 19STCV27738, Date: 2022-10-20 Tentative Ruling
PLEASE NOTE:
The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.
Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at sscdept30@lacourt.org indicating the party's intention to submit.
Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.
If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email.
If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.
Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present.
Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.
Case Number: 19STCV27738 Hearing Date: October 20, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 20, 2022
19STCV27738
Petition to Approve Compromise of Pending Action of Destiny Valdez (Age 12) and Jazmine Valdez (Age 9)
DECISION
The Court continues the OSC Re: Sanctions and Dismissal and this hearing.
The parties are ordered to appear at the hearing to set a continued hearing date.
Corrected papers as outlined below must be filed at least five court days in advance of the continued hearing date.
Moving party to provide notice.
Discussion
Deficiencies: Forms MC-350
Petitioner submitted an outdated version of the form from 2011. Petitioner must submit the most recent version of the form.
(As to Jazmine Valdez only): Item number 9 is incomplete.
Item number 12: Defendant will pay money to both Claimants and possibly to Petitioner. Item number 12(b) should be checked to reflect the full settlement, including the other Claimant and Petitioner if Petitioner will receive settlement funds.
Item number 13(b) is incomplete. Petitioner must indicate how Claimant’s outstanding medical expenses were paid.
(As to Destiny Valdez only) Counsel failed to attach the attorney fee agreement as required by Item number 14(a) of form MC-350. Counsel must attach the agreement as attachment 18a.
(As to Destiny Valdez only) Item number 18(f): Counsel is representing all Plaintiffs in this action, including Petitioner. If Counsel expects to collect fees from Petitioner, these amounts should be included.
(As to Destiny Valdez only) Item number 19(b): It appears that there is a typo here. Petitioner must correctly state the settlement proceeds to be deposited in Claimants’ blocked accounts.
Deficiencies: Forms MC-355
Petitioner submitted the outdated version of this form from 2007. Petitioner must submit the most recent version of this form.
Deficiencies: Forms MC-351
Petitioner submitted the outdated version of this form from 2010. Petitioner must submit the most recent version of this form.
Item 7: Petitioner must include costs in Item 7(c)(1)(d)
Settlement
Claimant Destiny Valdez $3,000
Claimant Jazmine Valdez $250
Claimant Destiny Valdez’s Injuries: Claimant was involved in a vehicle collision and suffered bruises to her head, neck, and leg. Claimant has recovered completely from her injuries.
Claimant Jazmine Valdez’s Injuries: Claimant was involved in a vehicle collision and suffered injuries as a result of the car impact.
Medical Report was submitted as to Destiny Valdez
Medical Expenses
Claimant Destiny Valdez
Unspecified $1000
Claimant Jazmine Valdez
None. $0
Costs
Claimant Destiny Valdez
Filing Fees (One Legal) $4.20
Claimant Jazmine Valdez - None
Fees
Claimant Destiny Valdez
Attorney’s Fees $750
Claimant Jazmine Valdez
Attorney’s Fees $0
Attorney Declaration was submitted
Legal services agreement was not submitted
For Destiny Valdez, Counsel seeks attorney’s fees in the amount of $750 or 25% of gross settlement. Counsel provides a declaration in support of the request. Counsel states that he dealt with issues of causation and the nature and extent of Plaintiff’s injuries. (Ghermezian Decl., ¶4.) Counsel worked on a contingency fee and advanced all costs. (Id., ¶¶6-7.) Counsel also attended deposition for Plaintiff’s mother, treating physicians, and witnesses. (Id., ¶8.) Additionally, Counsel reviewed medical records, propounded discovery, and responded to discovery. (Id.) These fees are reasonable.
However, as noted above, Counsel failed to attach the attorney fee agreement as required by Item number 14(a) of form MC-350. Counsel must attach the agreement as attachment 18a.
Reimbursement
Claimant Destiny Valdez
Medical expenses $1,000
Costs $4.20
Attorney’s fees $750
Total fees and costs $1,754.20
Total Settlement $3,000
Less costs $1,754.20
Net settlement $1,245.80
Claimant Jazmine Valdez
Net settlement $250
Petitioner intends to disburse medical expenses Counsel’s attorney’s fees and costs in the amounts described above. The remaining funds will be deposited in a blocked account. Petitioner filed an outdated form MC-355 as mentioned above.
