Judge: Jill Feeney, Case: 21STCV05372, Date: 2023-01-25 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: 21STCV05372 Hearing Date: January 25, 2023 Dept: 30
Department 30, Spring Street Courthouse
January 25, 2023
21STCV05372
Petitions to Approve Compromise of Pending Action of Minors Ethan and Kira Bunch (Age 4 and 2)
DECISION
The hearing is continued to permit Petitioner to file a form MC-351 for each claimant.
The parties are ordered to appear at the hearing to set a continued hearing date.
The MC-351 forms must be filed at least five court days in advance of the continued hearing date.
Moving party to provide notice.
Discussion
Orders appointing a Guardian Ad Litem have been approved.
Settlement
Claimant Ethan Bunch $125,000
Claimant Kira Bunch $125,000
Claimants’ mother underwent surgery performed by Defendant and died due to a post-operative blood clot.
Medical Expenses
None.
Costs
None.
Fees
Counsel seeks attorney’s fees in the amount of $25,000 from each Claimant for a total of $50,000, which is 20% of gross settlement. Counsel supports this request with a declaration, which states that Counsel has been working on this matter since October 2020. (Mears Decl., ¶2.) The case involved sophisticated issues involving hematology and plastic surgery. (Id.) Counsel advanced all costs and retained a board certified plastic surgeon, a board certified hematologist, and an economist to calculate Plaintiffs’ economic losses. (Id.) Counsel spent more than 100 hours of attorney time on this matter. (Id.) These fees are reasonable.
Reimbursement
Ethan Bunch
Fees $25,000
Total fees and costs $25,000
Total Settlement $125,000
Less costs -$25,000
Net Settlement $100,000
Kira Bunch
Fees $25,000
Total fees and costs $25,000
Total Settlement $125,000
Less costs -$25,000
Net Settlement $100,000
Petitioner intends to pay attorneys fees out of the settlement funds and then use the remaining balance to purchase a single-premium deferred annuity for each minor. The terms and conditions of the annuity, though not labeled as attachment 18b(4), are attached at the end of each petition.
