Judge: Jill Feeney, Case: 21STCV09291, Date: 2022-10-21 Tentative Ruling
Case Number: 21STCV09291 Hearing Date: October 21, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 21, 2022
21STCV09291
Petition to Approve Compromise of Juliana Cook aka Juliana Elizabeth Duran (Age 12)
DECISION
The hearing is continued to permit Petitioner an opportunity to cure the deficiencies noted below.
The parties are to appear at the hearing to set a continued hearing date.
Amended forms must be filed at least five court days in advance of any continued hearing date.
Moving party to provide notice.
Discussion
Form deficiencies
MC-350
Item number 3(b) must be checked and filled in because the minor’s claim is the subject of the present lawsuit.
Item number 8 must be completed.
Item number 12(b)(4) must be checked because Petitioner would receive money from the settlement.
Item number 2 Claimant’s age is incorrect. She was born on 6/9/09 and would now be 13.
Item number 12(b)(5) is incorrect. Claimant’s medical provider agreed to accept $1800 in satisfaction of the lien.
MC-351
Item number 7(c)(1)(c) is incorrect. The amount to be paid in satisfaction of outstanding medical expenses is $1800.
Item number 7(c)(2)(a) is incorrect. Claimant’s net settlement is $2,443.40.
Settlement
Claimant Juliana Cook $6,062
Petitioner Paola Plaza aka Paola Duran $100,000
Plaintiff Isaac Duran $5,637
Emma Duran $500
The Order approving Guardian ad Litem has been signed.
Injuries
Claimant was a passenger in Plaintiff’s car when another car driven by Defendant rear-ended Plaintiff’s car. Claimant suffered injuries to her neck, back, and lower back. Claimant was diagnosed with a sprained cervical spine, thoracic spine, and lumbar spine.
Medical Expenses
Good Life Physical Medicine $1,800
Costs
None.
Attorney’s Fees
Counsel submitted a declaration in support of the request for attorney’s fees. Counsel worked on a contingency fee of 30% of gross settlement which is reduced from the original 40%. (Farahi Decl., ¶7.) Counsel states the file has been open for more than two years and that he negotiated the settlement. (Id.) Counsel also states Petitioner, Claimant’s mother, agreed to a 40% contingency fee when she retained him. (Id., ¶9.) Counsel has lowered his fee to 30% and given that this case has been ongoing for more than 2 years, the fees are reasonable. Although no retainer agreement is attached here as required this is not an issue as it was previously filed with the Court.
Distribution
Attorney’s fees $1,818.60
Medical Expenses $1,800
Total fees and costs $3,618.60
Total Settlement $6,062
Less credits N/A
Net Settlement $2,443.40
Petitioner intends to disburse fees to Claimant’s medical provider and Counsel in the amounts described above. The remaining funds will be delivered directly to Petitioner. Petitioner failed to file a Declaration of Written Assurance (L-0169). However, since such a form was filed with a previous version of the petition, that requirement has been met.
