Judge: Jill Feeney, Case: 20STCV38793, Date: 2023-03-28 Tentative Ruling
Case Number: 20STCV38793 Hearing Date: March 28, 2023 Dept: 30
Department 30, Spring Street Courthouse
March 28, 2023
20STCV38793
Petitions to Approve Compromise of Pending Action of Dorell Curl and Naomi Atkinson (Ages 5 and 12)
DECISION
The petitions are granted, pending the appearance of the Guardians Ad Litem at the hearing.
At the hearing, the Court will set an OSC Re: Proof of Deposit into Blocked Account (as to Minor Curl) and Dismissal.
The Court finds that Plaintiff Jason Martin is no longer a minor.
Moving party to provide notice.
Discussion
The Court continued this matter on January 3, 2023 to allow Petitioners to correct deficiencies with the petition for Dorell Curl. The Court also ordered Plaintiffs to file a Declaration providing proof that Plaintiff Jason Martin is no longer a minor.
On March 1, 2023, Plaintiffs filed a declaration from Martin’s mother, Jamelia Rich, and Martin’s California ID showing he is 19 years old and no longer a minor.
Settlement
Claimant Dorell Curl $7,000
Petitioner Jay’Lynn Moore (For Dorell) $20,000
Petitioner Jamelia Rich (For Naomi) $20,000
Jason Martin $7,000
Claimant Naomi Atkinson $7,000
Medical Expenses
Injuries: Claimants were passengers in a vehicle driven by Jamelia Rich. Although both Claimants sought emergency care, both were uninjured. Naomi Atkinson suffered some discomfort in her neck and lower back and received chiropractic care. Petitioners submitted Medi-Cal lien letters for both Claimants. It appears that the letter reflecting the final lien amount for Naomi Atkinson was not submitted because Counsel never received a final lien amount letter. In lieu of the letter, Counsel provided emails showing the final lien amount is $151.70. (Atkinson MC-350, Attachment 12(4)(c).
1 Medical Reports submitted
1 Medi-Cal Letter submitted
Claimant Payee Medical Expenses
Dorell Curl Medi-Cal $48.75
Naomi Atkinson Medi-Cal $151.70
Alplan Chiropractic $1,290
Costs
None.
Fees
Attorney’s fees $2,500
1 Attorney Declaration submitted
1 Legal services 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).
Counsel seeks $1,750 in attorney’s fees from each Claimant, or 25% of gross settlement. Counsel testifies that he worked on a contingency fee of 25% of gross settlement. (Oronsaye Decl., ¶3.) Counsel’s office bore the financial risk in this case and advanced most litigation costs. (Id., ¶3.) Counsel prepared the Complaint, attended hearings, prepared and responded to discovery, and conducted depositions. (Id., ¶4.) These fees are reasonable.
Reimbursement
Dorell Curl
Attorney’s fees $1,750
Medical expenses $48.75
Total fees and costs $1,798.75
Total Settlement $7,000
Less costs $1,798.75
Net settlement $5,201.25
Naomi Atkinson
Attorney’s fees $1,750
Medical expenses $1441.70
Total fees and costs $3,191.70
Total Settlement $7,000
Less costs $3,191.70
Net settlement $3,808.30
Dorell Curl: The remaining balance of settlement will be deposited into a blocked account. Petitioner properly filed form MC-355 and included the name, branch, and address of the financial institution where the money will be deposited in Petitioner’s declaration attached as attachment 18(b).
Naomi Atkinson: The remaining balance of settlement will be delivered directly to her parent, Jamelia Rich. Rich verified that the money to be delivered to her on behalf of Atkinson does not exceed $5,000 in value. (MC-350, Attachment 18(b), Rich Decl., ¶10.)
