Judge Kerry Bensinger, Case Number: 19PSCP00106, Date: 2023-11-30 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

CASE: Ann Clark, as guardian ad litem for Elijah Van Clark, a minor v. Rowland Unified School District

MOVING PARTY: Plaintiff Ann Clark, as guardian ad litem for Elijah Van Clark

On September 11, 2023, Plaintiff filed an Expedited Petition to Approve Compromise of Disputed Claim or Pending Action. On September 19, 2023, the court reviewed the Petition and found the gross settlement of $50,000 to be reasonable. Plaintiff’s counsel requested $16,650 in attorney fees, representing 33.3% of the gross recovery. The court awarded only $12,500 in attorney fees (or 25% of the gross settlement). The awarded percentage of 25% was corrected by the court’s October 23, 2023 order.

On November 3, 2023, Plaintiff filed this motion for reconsideration. Plaintiff sought reconsideration of the Court’s October 23, 2023 order awarding plaintiff’s counsel the sum of $12,500 in attorney fees. The motion was heard on December 6, 2023. Judge Murillo issued an order stating that the court would reconsider the October 23, 2023 order on its own motion. Further, the court granted the motion for reconsideration to allow plaintiff’s counsel to submit a supplemental declaration with proof of costs.

On January 11, 2023, counsel filed a supplemental declaration. The declaration attaches proof of payment for deposition transcripts, billing for retaining expert Dr. Carole Lieberman, and a time keeping record which itemizes all costs incurred for prosecuting this matter.

Upon review of the supplemental declaration and the attached exhibits, the court finds counsel has provided support for an award of $16,650 in attorney fees. Accordingly, the motion for reconsideration is GRANTED. The Court awards plaintiff’s counsel the sum of $16,650 in attorney fees for the prosecution of this action.

Kerry Bensinger

Judge of the Superior Court