Department 30, Spring Street Courthouse

December 23, 2022

21STCV44125

Petition to Approve Compromise of Pending Action of Hilary Nicole Maradiaga Duarte (Age 16)

The matter is continued to permit Petitioner time to correct the deficiencies noted below.

The parties are ordered to appear at the hearing to set a continued hearing date.

Corrected documents must be filed at least five court days in advance of the continued hearing date.

Moving party to provide notice. 

Order appointing Guardian ad Litem has been approved 

Settlement 

Claimant Hilary Duarte $5,000

Petitioner Karla Duarte $125,000

Form Deficiencies

MC-350

Item number 8 is not checked.

Item number 10 is incomplete. There are two Defendants and the amounts each will pay must be filled in.

Item number 11(b)(4) must be checked because Petitioner would receive money under the settlement.

Although Counsel submitted a declaration, Counsel  failed to address the factors set forth in the California Rules of Court, Rule 7.955. The declaration must be amended.

Medical Expenses

None. 

Injuries: Claimant was bitten by bed bugs. Claimant received no medical treatment.

Costs

None.

Fees

Attorney’s fees $1,250

“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 submits a declaration and the retainer agreement.

Counsel seeks attorney’s fees in the amount of $1,250 or about 25% of gross settlement. Although Counsel submitted a declaration, he failed to address the factors from California Rules of Court, Rule 7.955. The declaration must be amended.

Reimbursement

Attorney’s Fees $1,250

Total fees and costs $1,250

Total Settlement $5,000

Less costs $1,250

Net settlement $3,750

Petitioner intends to disburse fees and costs to Counsel and deposit the remaining settlement in a blocked account. Petitioner has properly filed form MC-355 and included attachment 18(b)(2).

This matter is CONTINUED until Petitioner cures the form deficiencies identified above and Counsel submits a declaration justifying the request for attorney’s fees.