Judge: Jill Feeney, Case: 20STCV12150, Date: 2022-09-30 Tentative Ruling
Case Number: 20STCV12150 Hearing Date: September 30, 2022 Dept: 30
Department 30, Spring Street Courthouse
September 30, 2022
20STCV12150
Petition to Approve Compromise of Pending Action of Eros Aguirre (Age 16)
DECISION
This matter is continued to permit Petitioner time to correct the deficiencies noted below.
Amended documents must be filed at least five court days in advance of the continued hearing date.
The parties are to appear on the date of the hearing to discuss the continued hearing date.
Moving party is to provide notice.
Discussion
Form Deficiencies:
Form MC-350 is an outdated version of the form from 2011. Petitioner must use the current version of the form. (Cal. Rules of Court, rule 1.37.)
MC-350 Item number 2: Claimant was 16 at the time of filing this petition.
MC-350 Item number 3: box b should also be checked because Petitioner is also Claimant’s guardian ad litem.
MC-350 Item number 11(b): Requests the names of each Defendant and the amount to be paid by each. Petitioner filled in all three Defendants in the same line and the total settlement amount. This must be revised.
MC-350 Item number 12(b)(1): This figure is inaccurate. The other two Plaintiffs in this action received $7,500 and $5,000 for a total of $12,500. If there is another party who received the missing $2,500 that would make the total $15,000, Petitioner must include their name in Item number 12(b)(5).
MC-350 Item number 13(a): Petitioner lists the negotiated amount instead of the total amount. This should be the total amount of medical expenses.
MC-350 Item number 17(a): This is a typo. It should read $4,999.
MC-350 Item number 18(f): Counsel represented the other two Plaintiffs in this action. If Counsel received attorney’s fees from the settlement funds of the other two Plaintiffs, that information must be included.
MC-351 Item number 6: This is a typo. Gross settlement should be $4,999.
Settlement:
Claimant Eros Aguirre $4,999
Injuries: Claimant was involved in a vehicle collision and suffered neck and lower back pain and decreased range of motion. Claimant has recovered completely from her injuries.
Medical Report not submitted
MEDICAL EXPENSES
Pain Control Clinic (negotiated) $900
COSTS
Unspecified costs (Jacoby & Meyers) $395
Unspecified costs (Gibson & Hughes) $932.58
Petitioner did not include any information about what these costs are for in the part of the chart in item 14 of MC-35b. The information is necessary for the Court to determine whether these costs are allowable.
FEES
Attorney’s fees $1,664.66
0 Attorney Declaration submitted
0 Legal services agreement submitted
Counsel seeks attorney’s fees in the amount of $1,664 or roughly 33% of the gross settlement. Counsel has not submitted a legal services agreement in support of his request for fees. The agreement is required as specified in MC-350 Item number 18(a)(2). Although Counsel included a declaration, it does not touch on fees.
REIMBURSEMENT
Medical expenses $900
Costs $1,327.58
Attorney’s fees $1,664.66
Total fees and costs $3,892.24
Total Settlement $4,999
Less costs $3,892.24
Net settlement $1,106.76
Petitioner intends to disburse fees to Claimant’s medical provider, Counsel, and the firms named above in the amounts described above. The remaining $1,106.76 will be delivered directly to Petitioner. However, Petitioner failed to file a Declaration of Written Assurance (L-0169). Petitioner must file form L-0169 before the Court can grant this petition.
The hearing on Petitioner’s request for approval of pending action for Claimant Eros Aguirre is CONTINUED to allow Petitioner to cure the deficiencies described above. Petitioner must (1) file the correct version of form MC-350, (2) correct the forms as described above, (3) file form L-0169, (4) submit an attorney’s declaration and legal services agreement in support of the request for attorney’s fees, and (5) submit Claimant’s medical reports in support of the request for medical expenses.
