Judge: Jill Feeney, Case: 20STCV49319, Date: 2022-09-29 Tentative Ruling
Case Number: 20STCV49319 Hearing Date: September 29, 2022 Dept: 30
Department 30, Spring Street Courthouse
September 29, 2022
20STCV49319
Petition to Approve Compromise of Pending Action of Benjamin Aidan Castro-Martinez (Age 5), a minor
DECISION
The matter will be continued to permit correction of the deficiencies noted below.
Corrected papers are to be filed at least five court days in advance of the continued hearing date.
Moving party is ordered to provide notice.
Discussion
Order appointing Guardian ad Litem has been approved.
Settlement:
Claimant Benjamin Aidan Castro-Martinez $5,000
Injuries: Claimant was a passenger in his mother’s vehicle when it was involved in a vehicle collision. Claimant suffered bruising to his chest and a small abrasion to his right clavicular area following the crash. Claimant has recovered completely from the effects of his injuries.
Medical Report was submitted.
Form deficiencies:
MC-350:
Item 10: Defendants’ names are listed, but the amounts each paid are blank.
Item 1: Vicky Lizbeth Martinez Garcia is listed as the petitioner. However, Claimant’s guardian ad litem is Juan Jose Castro, Claimant’s father.
Medi-Cal lien submitted
MEDICAL EXPENSES
Medi-Cal (negotiated) $511.60
COSTS
Medical Records and Bills (Care Ambulance) $16
Medical Bills (Beverly Hospital) $15
Medical Records (Diversified Medical Records Services) $18.70
Medical Bills (Diversified Medical Records Services) $1.10
Medical Records and Bills (Altamed Health Services) $30
Medical Records and Bills (Altamed Health Services) $30
Total $110.80
FEES
Attorney’s fees $1,250
Attorney Declaration submitted
Legal services agreement submitted
Counsel seeks attorney’s fees in the amount of $1,250 or 25% of the gross settlement. Counsel submits a declaration in support of the request. Counsel has worked on this matter on a contingency fee and prepared a settlement demand, requested and analyzed medical records and billing, prepared and filed the complaint, served the summons and complaint, prepared discovery, responded to discover, met and conferred with defense counsel over discovery issues, negotiated a settlement, and prepared the instant petition. (MC-350 Attachment 13a.) These fees are reasonable.
REIMBURSEMENT
Medical expenses $511.60
Costs $110.80
Attorney’s fees $1,250
Total fees and costs $1,872.40
Total Settlement $5,000
Less costs $1,872.40
Net settlement $3,127.60
Petitioner intends to disburse fees and costs to Counsel. The remaining settlement is to be delivered to Claimant’s parent Vicki Lizbeth Martinez Garcia who has submitted a declaration of written assurance. However, as noted above, this individual is not the Guardian Ad Litem. A written assurance should be filed by this individual.
