Department 30, Spring Street Courthouse

December 7, 2022

BC695105

Petition to Approve Compromise of Pending Action of Farayol Oluwafemi (Age 7)

The hearing is continued to permit Petitioner time to cure the issues set forth below.

The parties are ordered to appear on the date of the hearing to set a continued hearing date.

Amended document must be filed at least five court days in advance of the continued hearing date.

Moving party to provide notice. 

An order appointing a Guardian Ad Litem has been entered. 

Claimant Farayol Olywafemi $15,000

Petitioner Andrea Ojo $15,000

Item number 11(4) must be checked because Petitioner is receiving money from the settlement.

Item number 17(f): Counsel represented both Petitioner and Claimant. Petitioner is to receive money from the settlement. If Counsel also expects to receive attorney’s fees from Petitioner, Counsel must state the amount here. 

Item numbers 12a(2) and 12b(5)(b)(i)(D): It appears medical expenses have not been paid and are to be paid through settlement funds. These items should show that the amount already paid is $0.

Item 18: Box b(2) should be checked and Attachment 18(b)(2) should be included. Box 18b(7) should not be checked.

A complete and fully executed copy of the retainer agreement should be attached at Attachment 17a. 

Item number 1: This is not an expedited petition. Petitioner must check 1b and fill in hearing information.

Item 8(a)(5): This item should show $5,236.48 total in fees and expenses.

Item 3: the guardian box (not parent box) should be checked.

Watts Healthcare $236.48

Claimant was a passenger in his mother’s vehicle when it was rear-ended. Plaintiff suffered blunt trauma and has since recovered completely from his injuries.

None.

Attorney’s fees $5,000

“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 $5,000 or about 33% of gross settlement. Counsel has worked on this case on a contingency fee since September 2016. (Panah Decl., ¶2.) Counsel attempted to negotiate settlement, filed the Complaint in this matter, sought default against Defendant, and finally negotiated settlement. (Id., ¶¶3-5.) Given the length of time Counsel has worked on this matter, these fees are reasonable. 

However, Counsel submitted a copy of the retainer agreement that was neither dated nor countersigned. Counsel must submit the complete agreement with Petitioner.

Attorney’s fees $5,000

Medical Expenses $236.48

Total fees and costs $5,236.48

Total Settlement $15,000

Less costs $5,236.48

Net settlement $9,763.52

Petitioner intends to disburse fees and expenses as described above and deposit the remaining funds in a blocked account. Petitioner has properly filed form MC-355. However, Petitioner must include the name, branch, and address of the financial institution where the money will be deposited as attachment 18(b)(2).