Judge: Jill Feeney, Case: 20STCV19184, Date: 2023-01-13 Tentative Ruling
Case Number: 20STCV19184 Hearing Date: January 13, 2023 Dept: 30
Department 30, Spring Street Courthouse
January 13, 2022
20STCV19184
Petition to Approve Compromise of Pending Action of Jessica Medina (Age 14)
DECISION
The hearing will be continued to enable Petitioner to correct the deficiencies noted below.
Any necessary filings must be made at least court days in advance of the continued hearing date.
The parties are ordered to appear at the hearing to set a continued hearing date.
Moving party to provide notice.
Discussion
The order appointing the Guardian Ad Litem has been approved.
Settlement
Claimant Jessica Medina $10,000
Form deficiencies
MC-350
Item 11(b)(5) is blank. Because Petitioner would receive money under the proposed settlement, the amount Petitioner would receive must be included here.
Item 17(f). If Plaintiffs’ counsel expects to receive attorney’s fees from Petitioner since she is another Plaintiff in this action, counsel must include the amount of attorney’s fees here.
MC-351
Item 8(a)(2) is incorrect. Plaintiff’s counsel filled in the total costs. However, he should have filled in $1,389.03 to reflect all other costs aside from attorney’s fees.
Attachment 18(b)(2) is not provided. Because Petitioner intends to deposit the funds in a blocked account, Petitioner must include the name, branch, and address of the financial institution where the funds will be deposited.
Medical Expenses
Claimant was swinging on a swing set at Rosewood Park in Commerce, CA when she sustained injuries to her left ankle, left knee, and back.
The Medical Report and the Medi-Cal letter are submitted.
None. Medi-Cal letter states it could not find records showing it paid medical expenses for Claimant.
However, attached to the petition are medical records indicating that the minor did receive treatment. The Court is concerned that outstanding medical bills/liens are not accounted for in the petition. This must be addressed.
Costs
Medical records $15
Complaint Filing Fee $435
Other filing fees $924.03
Medical records $15
These fees are allowable.
Fees
Attorney’s fees $2,500
An attorney declaration and a retainer agreement are 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).
Counsel seeks attorney’s fees in the amount of $2,500 or about 25% of gross settlement. Counsel testifies that liability was disputed and that his office spent numerous hours litigating the matter. (Ghermezian Decl., ¶¶2-3.) Counsel advanced all costs and worked on a contingency fee since 2019. (Id., ¶¶6-7.) Counsel attended depositions, reviewed medical records, and propounded and responded to discovery requests. (Id., ¶9.) The fees are reasonable.
Reimbursement
Costs $1,389.03
Attorney’s fees $2,500
Total fees and costs $3,889.03
Total Settlement $10,000
Less costs $3,889.03
Net settlement $6,110.97
Petitioner intends to disburse fees as described above and deposit the remaining balance in a blocked account. Petitioner failed to include the name, branch, and address of the financial institution where the funds will be deposited as attachment 18b(2).
