Judge: Jill Feeney, Case: 22STCV24923, Date: 2022-09-28 Tentative Ruling
Case Number: 22STCV24923 Hearing Date: September 28, 2022 Dept: 30
Department 30, Spring Street Courthouse
September 27, 2022
22STCV24923
Petition to Approve Compromise of Pending Action of Cesar Luis Ortiz (Age 14) and Xavi Ortiz (Age 11)
DECISION
The hearing is continued to allow time for the deficiencies noted below to be cured.
The parties are ordered to appear at the hearing to discuss a continued hearing date.
New forms must be filed at least five court days in advance of the continued hearing date.
In addition the Court notes there is no guardian ad litem appointed in this case. Counsel for Plaintiff is ordered to submit an application for appointment of guardian ad litem as to both minors.
Moving party is ordered to provide notice.
Discussion
Form Deficiencies
Forms MC-350, MC-351, and MC-355 are outdated versions of the forms from 2011, 2010, and 2007 respectively. Petitioner must use the current version of each form. (Cal. Rules of Court, rule 1.37.)
MC-350 Item number 4: Claimants’ claim is the subject of the present action. Petitioner should have checked box 4b. (box 3b in the 2021 version)
MC-350 Item number 13 (Item number 12 in 2021 version): This is not complete. Information regarding the Medi-Cal lien is filled in, but information about other medical providers is not included. Although it is clear the remaining funds will go to the Pacific Core Wellness Center because it is the only medical provider, Item number 13(b)(5) is not filled out. The information is properly included in the MC-351.
Petitioner is Claimants’ mother. Petitioner is listed as guardian ad litem in the Complaint, but there is no order appointing Petitioner as guardian ad litem for each minor.
Settlement
Claimant Cesar Luis Ortiz (Age 14) $8,500
Claimant Xavi Ortiz (Age 11) $16,500
Injuries: Claimants were passengers inside their father’s vehicle when Defendant’s vehicle struck their vehicle. Both Claimants suffered acute pain, spinal enthesopathy, cervicalgia, lower back pain, segmental and somatic dysfunction of the cervical and lumbar spine, chest pain, myalgia, myospasm, and chronic pain. Xavi Ortiz additionally suffered a contusion of the left upper arm and a lacerated scalp. Both Claimants have recovered completely from their injuries.
1 Medi-Cal lien submitted.
1 Medical Report submitted.
MEDICAL EXPENSES
Cesar Luis Ortiz
Pacific Core Wellness Center $300
Medi-Cal Reimbursement $18
Xavi Ortiz
Pacific Core Wellness Center $500
Medi-Cal Reimbursement $109.71
COSTS
Cesar Luis Ortiz
Service Fees $150
Xavi Ortiz
Service Fees $150
FEES
Cesar Luis Ortiz
Attorney’s fees $2,550
Xavi Ortiz
Attorney’s fees $4,950
1 Attorney Declaration submitted
1 Legal services agreement submitted
Counsel seeks attorney’s fees in the amount of $2,550 for Cesar Luis Ortiz and $4,950 for Xavi Ortiz. This constitutes 30% of gross settlement for each Claimant. Counsel’s declaration states that he has advanced all costs of the litigation and worked on a contingency fee of 30% of gross settlement since the case was filed in August 2022. (Zeytuntsyan Decl., ¶5.) Petitioner and Claimants agreed to this fee arrangement. (Id.) Counsel sent an investigator to obtain and secure evidence, ran background checks to determine insurance coverage, obtained medical records, negotiated settlement with Defendant’s insurer, and secured settlement. (Id., ¶6.) Counsel’s requests for attorney’s fees are reasonable.
REIMBURSEMENT
Cesar Luis Ortiz
Costs $150
Attorney’s fees $2,550
Medical Expenses $318
Total fees and costs $3,018
Total Settlement $8,500
Less costs $3,018
Net settlement $5,482
Xavi Ortiz
Costs $150
Attorney’s fees $4,950
Medical Expenses $609.71
Total fees and costs $5,709,71
Total Settlement $16,500
Less costs $5,709.71
Net settlement $10,790.29
Petitioner intends to reimburse Counsel, Claimants’ medical provider, and Medi-Cal. The remaining funds are to be deposited in a blocked account. Petitioner filed form MC-355, but the form is outdated. The petitions to approve compromise of Claimants Xavi Ortiz and Cesar Luis Ortiz are continued until Petitioner cures the deficiencies identified above.
