Judge: Jill Feeney, Case: 20STCV46610, Date: 2023-04-11 Tentative Ruling
PLEASE NOTE:
The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.
Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit.
Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.
If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email.
If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.
Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present.
Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.
Case Number: 20STCV46610 Hearing Date: April 11, 2023 Dept: 30
Department 30, Spring Street Courthouse
April 11, 2023
20STCV46610
Petition to Approve Compromise of Pending Action of Ximena Casas (Age 13)
DECISION
The hearing is continued.
The parties are ordered to appear at the hearing in order to set a continued hearing date.
All new documents must be filed at least five court days in advance of the continued hearing date.
Moving party to provide notice.
Discussion
Settlement
Claimant Ximena Casas $4,000
Plaintiff Erika Casas $5,000
Plaintiff Victor Casas $50,000
Form Deficiencies
MC-350
Item 9 is unchecked.
MC-351
Item 1: Hearing information here and in the heading is missing.
Item 10 is blank.
MC-355
Item 1: Hearing information is missing.
Medical Expenses
Injuries: Claimant was crossing the street with her mother and father when she witnessed Defendant’s vehicle striking her father. Claimant suffered emotional distress and anxiety. Claimant received no medical treatment and has since recovered completely from her emotional distress.
Petitioner does not seek to use settlement funds to pay for medical expenses.
Costs
None.
Fees
Attorney’s fees $1,000
1 Attorney Declaration is submitted.
1 Legal services agreement is 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 $1,000, which is 25% of gross settlement. Counsel testifies that he has been working on this matter on a contingency fee since December 2020. (Light Decl., ¶2.) Plaintiffs paid all case costs. (Id.) Counsel completed discovery and mediation for a year and a half before the parties reached settlement. (Id., ¶¶6-7.) Counsel’s fees are reasonable.
Reimbursement
Costs $4,000
Attorney’s fees $1,000
Total fees and costs $1,000
Total Settlement $4,000
Less costs $1,000
Net settlement $3,000
Petitioner intends to pay attorney’s fees and costs out of the settlement funds and then deposit the remaining balance into a blocked account. Petitioner filed form MC-355 and included the name, branch, and address of the financial institution where the funds will be deposited as attachment 18b(2).
