Judge: Jill Feeney, Case: 20STCV02016, Date: 2023-01-17 Tentative Ruling

Case Number: 20STCV02016    Hearing Date: January 17, 2023    Dept: 30

VERONICA CHAVEZ, AN INDIVIDUAL, et al. vs JUAN MANUEL HERRERA, AN INDIVIDUAL, et al.

Expedited Petition to Confirm Compromise of Disputed Claim as to Minor claimant:  Matthew Ruiz (Age 4)

The review of the expedited petition is continued to FILL IN DATE at 8:30 a.m.  Petitioner must file the following at least five court days in advance of the review date: (1) form MC-355 and (2) a corrected form MC-350EX.

 COUNSEL FOR PLAINTIFFS/PETITIONERS IS ORDERED TO APPEAR to discuss the continued hearing date. 

Moving party to provide notice.

Analysis

This is an expedited petition without a hearing, which is permitted under Cal Rules of Court, Rule 7.950.5, so long as 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. 

* AND the court does not otherwise order. 

Settlement  

* Order approving Guardian ad Litem is signed.

Injuries:  Claimant was a passenger in his mother’s vehicle when it was allegedly struck by Defendant’s vehicle. Claimant suffered no physical injuries as a result of the crash.

Form Deficiencies

MC-350EX

Item 4: b. should be checked and filled out because this claim is the subject of a pending action.

Item 18: Counsel is also representing Claimant’s mother in this matter. If counsel expects to receive attorney’s fees from Claimant’s mother, this information should be included here.

Medical Expenses

None.

Costs

None.

Attorney’s Fees

Attorney’s fees total $250, which is 25% of the gross settlement. Counsel testifies that he worked on a contingency fee of 25% of gross settlement and advanced all costs. (Azizi Decl., ¶4, 7.) Counsel discussed the case with the family, interviewed witnesses, reviewed medical records, determined strategy, propounded and answered discovery, and negotiated settlement. (Id., ¶6.) Attorney’s fees are reasonable.

* Attorney declaration submitted.

* Fee agreement submitted.

“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).

Distribution

Petitioner proposes to pay attorney’s fees as described above and the remaining balance will be deposited in a blocked account. Petitioner properly included attachment 19b(2)m but failed to file Form MC-355.