Department 30, Spring Street Courthouse

January 12, 2022 

22STCV01836

Petition to Approve Compromise of Pending Action of Sophia Olivia Webb (Age 4)

The petition will be granted pending the appearance of the Guardian Ad Litem at the hearing. The Court finds good cause to excuse the presence of the minor since the hearing is occurring during school hours.

At the hearing, the Court will set an OSC Re: Proof of Deposit of Money into Blocked Account, OSC Re:  Proof of Purchase of Annuity and  OSC Re:  Dismissal of the Entire Action.

Moving party to provide notice. 

The order appointing a Guardian Ad Litem has been approved. 

Settlement 

Claimant Sophia Olivia Webb $4,250,000

Claimant’s father was struck by a truck owned by Defendant and died of his injuries. Claimant suffered emotional injuries.

Medical Expenses

None.

Costs

None.

Fees

Attorney’s fees $1,055,872.10

The attorney declaration and retainer agreement have been 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 $1,055,872.10 or about 25% of gross settlement. Counsel testifies that his firm worked on a contingency of 25% of gross settlement for one year. (Molchan, ¶5.) Counsel exchanged written discovery, retained experts, met with the experts, and inspected the UPS truck at issue. (Id., ¶8(8).) Counsel also obtained trial preference in this case and completed mediation. (Id.) Liability in this case was heavily contested. (Id., ¶8(13).) These fees are reasonable.

Reimbursement

Attorney’s fees $1,055,872.10

Total fees and costs $1,055,872.10

Total Settlement $2,250,000

Less costs $1,055,872.10

Net settlement $3,194,127.90

Petitioner intends to deposit $33,524.46 in a blocked account. The remaining funds will be invested in a single-premium deferred annuity. Petitioner properly filed form MC-355 and included the necessary information in attachment 18b(2) and 18b(3).