Judge: Jill Feeney, Case: 20STCV44653, Date: 2023-03-17 Tentative Ruling
Case Number: 20STCV44653 Hearing Date: March 17, 2023 Dept: 30
Department 30, Spring Street Courthouse
March 17, 2023
20STCV44653
Petitions to Approve Compromise of Pending Action of Ayden Neal and Bryson Miller (Ages 16 and 12)
DECISION
The petitions will be granted pending the appearance of the GALs at the hearing. The Court finds good cause to excuse the presence of the minors since the hearing is during school hours.
At the hearing, the Court will set an OSC Re: Dismissal and Proof of Deposit into Blocked Account.
Moving party to provide notice.
Discussion
The proposed settlement is as follows.
Claimant Ayden Neal $246,666.67
Claimant Bryson Miller $246,666.67
Claimant Wyatt Neal (not a minor) $246,666.67
Analysis
The Court previously continued this matter to allow Plaintiff to file an amended complaint and an application to appoint a guardian ad litem for Claimants.
Plaintiff filed a First Amended Complaint on February 17, 2023. The minors are now named in the FAC.
A guardian ad litem was appointed on March 1, 2023 for Bryson Miller and on March 14, 2023 for Ayden Neal.
According to the Declaration of Bernard J. Thalheimer and the attached driver’s license, Wyatt Neal is not a minor.
Medical Expenses
Injuries:
Claimants’ father was a passenger in a Lyft when the driver swerved off the road. Claimants’ father passed away while he was undergoing surgery to treat injuries from the accident.
1 Medical Reports for decedent submitted
1 Medi-Cal Letter submitted
Medi-Cal is not seeking reimbursement. Counsel’s declaration states the remaining expenses will be split between the three heirs. Remaining medical expenses total $125,991.81 to be paid to 24 different medical providers.
Costs Per Claimant
Filing Fee $450.50
Claimant’s father costs $2,292.63
The costs are reasonable.
Fees Per Claimant
Attorney’s fees $82,214
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 attorney’s fees in the amount of $82,214 per Claimant for a total of or about 33% of gross settlement for Ayden Neal and Bryce Miller. Counsel testifies that liability was disputed and that his it has been working on a contingency fee of 33.33% of gross settlement for more than a year without reimbursement of costs or payment of fees. (Shashaty Decl., ¶¶7,8.) Counsel also drafted letters of representation to Defendants’ insurers, requested medical records, and complete settlement negotiations. (Id., ¶¶5,6.) These fees are reasonable.
Reimbursement
Breakdown per Claimant
Medical Expenses $41,733.27
Costs $1,389.03
Attorney’s fees $82,214
Total fees and costs $3,889.03
Total Settlement $246,666.67
Less costs $126,690.40
Net settlement $119,976.27
Petitioners intend to disburse fees as described above and deposit the remaining balance in a blocked account. Petitioners properly included the name, branch, and address of the financial institution where the funds will be deposited as attachment 18b(2).
