Judge: Jill Feeney, Case: 22STCV03635, Date: 2022-10-03 Tentative Ruling
Case Number: 22STCV03635 Hearing Date: October 3, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 3, 2022
22STCV03635
Petition to Approve Compromise of Pending Action of Chandler Johnson (Age 17), a minor
DECISION
The hearing is continued to permit Petitioner time to cure the deficiencies noted below.
Amending forms must be filed at least five court days in advance of the continued hearing date.
The parties are ordered to appear at the hearing to set a continued hearing date.
Moving party is ordered to provide notice.
Discussion
The order appointing Guardian ad Litem has been approved.
Settlement:
Claimant Chandler Johnson $140,000
Form deficiencies:
MC-350:
Form MC-350 is an outdated version of the form from 2011. Petitioner must use the current version of the form. (Cal. Rules of Court, rule 1.37.)
Item 4(b): Name of the Court is incorrect.
Item 5(c): Claimant’s name is misspelled and omits his last name.
Item 12: Is blank. This must be filled out.
Item 19: Box b should be checked because the appointment of a guardian ad litem is not a guardianship.
Injuries: Claimant was involved in a vehicle-bicycle collision and suffered head injuries, laceration to his lower left leg, a left hip fracture and dislocation. He now suffers headaches, neck and back pain, and left shoulder and left leg pain. He requires crutches to walk and gets dizzy. Claimant also experiences anxiety, nervousness, and insomnia. He also experience numbness and tingling in his left leg and hand.
MC-351:
Item 1(b): Name of Judicial Officer is incorrect.
MC-355: There is an MC-355 filed even though Petitioner intends to use the settlement funds to purchase an annuity.
The required Medical Report is submitted.
MEDICAL EXPENSES
Claimant’s medical expenses have been negotiated.
Spine Care Orthopedic $2,600
Neurology Now $2,000
Advance Health Center of Inglewood $2,200
LA Pain & Medicine $1,000
Expert MRI $1,700
Total $9,500
Item 8 of the MC-350 states Claimant was treated at the UCLA Emergency Room in Westwood. However, this treatment is not included among the medical providers listed above. There is no evidence that the cost of treatment was paid by other means such as insurance. Petitioner must provide evidence of whether and how the UCLA Emergency Room was paid for Claimant’s treatment.
COSTS
None.
FEES
Attorney’s fees $46,620
Attorney Declaration submitted
Legal services agreement submitted
Counsel seeks attorney’s fees in the amount of $46,620 or 33% of the gross settlement. Counsel submits a declaration in support of the request. Although Counsel submitted a declaration, it does not justify attorney’s fees. Counsel must file a declaration addressing the factors in Cal. Rules of Court, section 7.955, subdivision (c).
REIMBURSEMENT
Medical expenses $9,500
Attorney’s fees $46,620
Total fees and costs $56,120
Total Settlement $140,000
Less costs $56,120
Net settlement $83,880
Petitioner intends to disburse fees to Claimant’s medical providers and to Counsel in the amounts described above. The remaining funds will be used to purchase a structured settlement annuity.
The hearing on Petitioner’s request for approval of pending action for Claimant Chandler Johnson is CONTINUED to allow Petitioner to cure the deficiencies described above.
