Department 30, Spring Street Courthouse

December 6, 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 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. 

Discussion

A Guardian Ad Litem has been approved. 

Settlement 

Claimant Chandler Johnson $140,000

On October 3, 2022, the Court continued the hearing on this matter to allow Petitioner to correct deficiencies identified with the petition.

Petitioner filed new papers on November 18, 2022 and addressed all previously identified form deficiencies.

However, Petitioner failed to address how the UCLA emergency room was paid for its treatment and failed to provide the required medical reports. 

Petitioner also filed an MC-355, but the form is unnecessary because Petitioner intends to use the remaining settlement funds to purchase an annuity.

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.

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.

Additionally, Petitioner failed to submit Claimant’s medical reports supporting that these providers treated his injuries.

Costs

None.

Fees

Attorney’s fees $46,620

Counsel seeks attorney’s fees in the amount of $46,620 or 33.3% of the gross settlement. Counsel submits a declaration in support of the request and attaches the retainer agreement. Counsel testifies that she was entitled to 40% of settlement and reduced her fees to 33.3% of gross settlement. (Salazar Decl., ¶2.) This was a normal personal injury case and counsel has been working on a contingency fee since 2020. (Id., ¶3.) Counsel advanced all costs, including hospital billing, filing fees, and the cost of work on this case for the past three years. (Id., ¶¶4,7.) Given that counsel has worked on this case and advanced all costs for the past three years, the fees are reasonable.

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.