Judge: Jill Feeney, Case: 20STCV18748, Date: 2022-10-17 Tentative Ruling
Case Number: 20STCV18748 Hearing Date: October 17, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 17, 2022
20STCV18748
Petition to Approve Compromise of Pending Action of Meri Kamalyan (Age 13), a minor
DECISION
The Petition to Approve Compromise of a Pending Action of a Minor is CONTINUED so that Petitioner may correct the deficiencies with form MC-350 and MC-351.
All corrected forms both redacted and unredacted must be filed with the Court at least five court days in advance of the continued hearing date.
The parties are to appear at the hearing to set a continued hearing date.
Moving party to provide notice.
Discussion
On September 14, 2022, the Court ordered Petitioner to correct deficiencies with form MC-350 and to file form MC-351.
On October 13, 2022, Petitioner filed new forms. However, there are still deficiencies with Petitioner’s forms.
MC-350:
Petitioner submitted a version of form MC-350 from 2011. Petitioner must submit the most recent version of the form.
Item number 3: Box b must be checked because Petitioner is the guardian ad litem. This was previously identified and not addressed.
Item number 13: Previously stated medical expenses to be paid from proceeds is 0. However, Item number 13(b)(5) specified there was a lien for $1,000 to be paid to Claimant’s physical therapist. Item number 13(b)(1) now states petitioner paid the outstanding $1,000. If that is the case, Item number 13(b)(5) should indicate the lien was paid. There was no unredacted version of the form filed with the Court. Thus, it is unclear whether the form was filled out correctly. Additionally, if Petitioner paid the medical expenses described in Item number 13, Item number 15(b) should be filled out and proof that the medical expenses were paid should be submitted as instructed on the form.
MC-351:
Although Petitioner filed a form MC-351, it is also an outdated form from 2010. Petitioner must file the most recent version of the form.
The date and time of the hearing are blank.
Item number 3(b) should be checked because Petitioner is Claimant’s guardian ad litem.
Item number 7(c)(1)(c) states medical expenses are to be paid to Advanced Therapy Physical Therapy, Inc. However, if Petitioner paid these expenses, this item should show that Petitioner is to be reimbursed for these expenses.
Settlement:
Claimant Meri Kamalyan $4,000
Injuries: Claimant was a passenger in her mother’s vehicle when it came to a complete stop due to traffic. Defendant failed to stop in time and rear-ended Petitioner’s vehicle. Claimant suffered neck and back pain and discomfort. Claimant has completely recovered from her injuries.
Medical Report was submitted
MEDICAL EXPENSES
Advanced Therapy Physical Therapy (negotiated) (paid by Petitioner) $1,000
COSTS
None.
FEES
Attorney’s fees $1,000
Attorney Declaration submitted
Legal services agreement submitted
Counsel seeks attorney’s fees in the amount of $1,000 or 25% of the gross settlement. Counsel has worked on a contingency fee since 2019. Petitioner and Claimant agreed to the fee arrangement. 25% of the gross settlement is reasonable.
REIMBURSEMENT
Petitioner intends to disburse fees to Claimant’s physical therapist and to Counsel in the amounts described above. The remaining $2,000 will be deposited in an insured account. Petitioner has properly filed a form MC-355.
