Judge: Jill Feeney, Case: BC676655, Date: 2023-04-07 Tentative Ruling
Case Number: BC676655 Hearing Date: April 7, 2023 Dept: 30
Department 30, Spring Street Courthouse
April 7, 2023
BC676655 (Lead Case) BC677290 (Non-Lead Case)
Petition to Approve Compromise of Pending Action of a Minor Triana Grace Martin Armenta (Age 10)
DECISION
The petition is granted pending the appearance of the Guardian Ad Litem at the hearing. The Court finds good cause to excuse the appearance of the minor as the hearing is during school hours.
The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor. The Court finds that the settlement is reasonable, and based thereon, approves and grants the petition.
The Court has considered the Declaration of Michael D. Payne in support of the fee request. The Court finds that on the current record, and in consideration of the factors set forth in Cal Rules of Court, Rule 7.955(b), a fee of 33.3% of the gross settlement is reasonable, given the length of the case (5 years) and novelty and difficulty of the questions involved. Counsel has also provided copies of invoices to substantiate the requested costs of $31,917.16.
The Court approves the following distribution of the settlement proceeds:
Attorney’s fees of $329,163.38
Costs of $31,917.16
Net Settlement to Minor of $626,419.46
The Court sets an OSC Re: Proof of Purchase of Annuity and Dismissal for June 30, 2023 at 8:30 a.m.
Moving party is ordered to provide notice.
