Judge Jill Feeney, Case 19STCV39233 2023-04-10 Tentative Ruling

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.

Item 10b: LAUSD is not included in the list of Defendants who have offered to settle. Petitioner must include LAUSD and the amount it is to pay as attachment 10b.

Item 12: Is blank. Claimant’s records he received medical treatment at St. John’s Well Child and Family Center. Petitioner must explain how much medical expenses were and how they were paid in Item 12.

Injuries: Claimant was a student at Manhattan Place Elementary and suffered emotional injuries as a result of bullying from peers and faculty.

Petitioner does not seek to use the settlement funds to pay for medical expenses. However, Claimant’s medical reports show that he was treated at St. John’s Well Child and Family Center. Petitioner must include the total medical expenses paid in MC-350, Item 12 and explain how the expenses were paid, even if Petitioner is not seeking to pay for medical expenses using settlement funds.

Petitioner’s counsel seeks costs for filing fees, service fees, expert fees, copying, postage, video presentations, deposition fees, and travel. Costs total $21,126.43. These costs are reasonable.

“A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” Cal Rules of Court, Rule 7.955(c).

Counsel seeks attorney’s fees in the amount of $140,000, which is 40% of gross settlement. Counsel testifies that he has been working on this matter on a contingency fee since October 2019. (DeSimone Decl., ¶¶4-7.) Counsel and Co-Counsel filed the Complaint, took depositions, propounded and responded to discovery, retained expert witnesses, participated in mediation, and negotiated settlement. (Id., ¶¶27-29.) Although Counsel did a substantial amount of work, the fees requested are not reasonable under the circumstances. The Court will award attorney’s fees in the amount of 33%.

Petitioner intends to pay attorney’s fees and costs out of the settlement funds and then use the remaining balance to purchase a single-premium deferred annuity. The terms and conditions of the annuity are attached as attachment 18b(3).