Judge: Jill Feeney, Case: 22STCV26594, Date: 2022-10-03 Tentative Ruling
Case Number: 22STCV26594 Hearing Date: October 3, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 3, 2022
22STCV26594
Petition to Approve Compromise of Pending Action of Brandon Friedman (Age 15)
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 Brandon Friedman $150,000
Form Deficiencies:
MC-351:
Item 3: Box b should be checked because Claimant’s claim is the subject of the present lawsuit.
Item 11(b)(4): Box must be checked because petitioner would receive money under the settlement.
Item 11(b)(5): Must be filled in with the parties receiving settlement and the apportionment
Item 17(f): Counsel is also representing Petitioner. If Counsel expects to receive fees from Petitioner’s settlement, the amount must be disclosed here.
MEDICAL EXPENSES
None.
COSTS
Petitioner seeks costs in the amount of $435 for filing fees to be reimbursed to Counsel. These fees are allowable.
FEES
Attorney’s fees $30,000
Counsel seeks attorney’s fees in the amount of $30,000 or 20% of the gross settlement. Although Counsel submitted a declaration, it does not touch on attorney’s fees. Counsel must file a declaration addressing the factors in Cal. Rules of Court, section 7.955, subdivision (c). The retainer agreement is attached as required.
REIMBURSEMENT
Costs $435
Attorney’s fees $30,000
Total fees and costs $30,435
Total Settlement $150,000
Less costs $30,435
Net settlement $119,565
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. The petition is CONTINUED until petitioner cures the deficiencies described above.
