Judge: Jill Feeney, Case: 22STCV33369, Date: 2023-03-29 Tentative Ruling
Case Number: 22STCV33369 Hearing Date: March 29, 2023 Dept: 30
Department 30, Spring Street Courthouse
March 29, 2023
22STCV33369
Petition to Approve Compromise of Pending Action of Joshua Borrero (Age 15)
DECISION
The matter is continued to allow Petitioner to (1) correct her forms, (2) submit Claimant’s medical records, (3) submit a declaration from counsel in support of the request for attorney’s fees, (4) submit the legal services agreement between Petitioner and counsel, (5) file form MC-355, and (6) include attachment 18b(2) to form MC-350.
All documents must be filed at least five court days in advance of the continued hearing date.
The parties are ordered to appear on the date of the hearing to set a continued hearing date.
Moving party to provide notice.
Discussion
Settlement
Claimant Ayden Neal $6,500
Form Deficiencies
MC-350
Item 2: This petition was submitted in March 2023, when Claimant had already turned 16. Claimant’s age must be corrected.
Item 12a: Is blank. Petitioner must fill in Claimant’s total medical expenses, any amount already paid, any reductions, the amount to be reimbursed or paid from the settlement, and the total amount of liens on the proceeds.
Item 12(b)(4)(a) is incomplete. Petitioner must check the appropriate boxes.
Item 12(b)(5) is incorrectly filled out. If Medi-Cal paid for the medical care provided by Cedars Sinai, Petitioner must fill in the amount charged, any reductions, and the amount paid by Medi-Cal.
Item 18: Petitioner checked Item 18a(2) in error. There is no guardianship for the minor’s estate. Petitioner must check Item 18b(2), file MC-355, and include the name, branch, and address of the financial institution where the funds will be deposited as attachment 18b(2) to form MC-350.
Item 21: Claimant signed this portion in error. This item must only be signed if the claimant is an adult with disability who has capacity to consent to the order. Here, Claimant is a minor and does not need to sign this item.
MC-351
Item 8a(3) is incomplete. The amount to be paid for medical expenses must be filled in.
Item 8a(5) is incomplete. The total allowance for fees and expenses must be filled in.
Medical Expenses
Injuries: Claimant was a pedestrian when he was hit by a vehicle driven by Defendant. Although Claimant was examined at a hospital, he suffered only psychological injuries.
Although a Medi-Cal lien letter was submitted, Petitioner failed to submit Claimant’s medical records. The Court cannot approve this compromise until Petitioner submits Claimant’s medical records.
Medi-Cal $1,190.06
1 Medi-Cal Lien submitted
0 Medical records not submitted
Costs
Petitioner’s counsel seeks costs for filing and records fees totaling $506. These fees are allowable.
Fees
Attorney’s fees $1,625
0 Attorney Declaration not submitted
0 Legal services agreement not 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 $1,625, which is 25% of gross settlement. Counsel failed to submit a declaration in support of the request for fees and failed to submit a legal services agreement.
Reimbursement
Medical Expenses $1,190.06
Costs $506
Attorney’s fees $1,625
Total fees and costs $3,321.06
Total Settlement $6,500
Less costs $3,321.06
Net settlement $3,178.94
Petitioners intend to disburse fees as described above and deposit the remaining balance in a blocked account. Petitioner checked Item 18a(2) in error. There is no guardianship in the minor’s estate. Petitioner must check Item 18b(2), file form MC-355 and include the name, branch, and address of the financial institution where the funds will be deposited as attachment 18b(2) to form MC-350.
