Judge: Kerry Bensinger, Case: 19STCV41526, Date: 2023-01-20 Tentative Ruling

Case Number: 19STCV41526    Hearing Date: January 20, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MARIA NEGRETE, Individually and as Successor In Interest to the Estate of GABRIEL GARCIA; Maria Negrete as Guardian ad Litem for O.M.; A.G.; and I.G.,

                   Plaintiffs,

          vs.

 

TRENCH PLATE RENTAL COMPANY, a corporate entity form unknown; QUIK SHOR d/b/a WESTAR, a corporate entity form unknown; TRAFFIC SOLUTIONS, a corporate entity form unknown; and DOES 1-50, inclusive,

 

                   Defendants.

 

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CASE NO.: 19STCV41526

 

[TENTATIVE] ORDER RE: PETITIONER FOR APPROVAL OF COMPROMISE OF CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGEMENT FOR MINOR

 

Dept. 27

1:30 p.m.

January 20, 2023

 

I.            INTRODUCTION

          Claimants Ava Garcia and Ivy Garcia (“Claimants”), both minors, by and through their parent and Guardian ad litem, Maria Negrete, (“Petitioner”) have agreed to settle their claims against Traffic Solutions, et al. (“Defendants”) in exchange for $4,500.00 to each Claimant.  If approved, $1,800.00 will be used for attorney’s fees leaving $2,700.00 as the balance of proceeds of settlement available for each claimant. 

II.          LEGAL STANDARD

          CRC Rule 7.950, et seq., governs the procedures for Court approval of a compromise of a claim or action or disposition of proceeds of judgement for a minor or person with a disability.  The application must be verified and must contain a “full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition.”  The petition must be prepared on a fully completed form MC-350. ¿(CRC Rule 7.950.)¿ 

Disclosure of Attorney’s Interest in Petition

          CRC Rule 7.951 provides the petition must disclose certain information if the petitioner has been represented or assisted by an attorney in preparing the petition.  The necessary information is as follows:

1.    The name, state bar number, law firm, if any, and business address of the attorney;

2.    Whether the attorney became involved with the petition, directly or indirectly, at the instance of any party against whom the claim is asserted or of any party's insurance carrier;

3.   Whether the attorney represents or is employed by any other party or any insurance carrier involved in the matter;

4.   Whether the attorney has received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, and, if so, the amounts and the identity of the person who paid the fees or other compensation;

5.   If the attorney has not received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, whether the attorney expects to receive any fees or other compensation for these services, and, if so, the amounts and the identity of the person who is expected to pay the fees or other compensation; and

6.   The terms of any agreement between the petitioner and the attorney.

Reasonable Attorney’s Fees

          Unless the court has approved the fee agreement in advance, the court must use a “reasonable fee standard” when approving and allowing the amount of¿attorney’s¿fees payable from money or property paid or to be paid for the benefit of a minor or person with a disability.¿ (CRC Rule 7.955(a)(1).)  “The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or¿person with a disability contemplated that the attorney's fee would be affected by later events.”¿ (CRC Rule 7.955(a)(2).)¿ 

          “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.”¿(CRC Rule 7.955(c).)¿¿¿ 

III.        DISCUSSION

           Claimants, by and through their parent and Guardian ad litem, Maria Negrete, have agreed to settle their claims against Defendants in exchange for $4,500.00 to each Claimant.  If approved, $1,800.00 will be used for attorney’s fees leaving $2,700.00 as the balance of proceeds of settlement available for each claimant.  The petitions request in section 18b. that the Court order the disposition of the balance of the proceeds of the settlement be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402. 

          The petitions complied with CRC Rule 7.951 because they provide:

1.   The attorney’s name, state bar number, law firm, if any, and business address of the attorney in 17b.

2.   The attorney did not become concerned with this matter, directly or indirectly, at the instance of a party against whom the claim is asserted or a party’s insurance carrier in 17d.

3.   The attorney is not representing or employed by any other party or any insurance carrier involved in the matter in 17e.

4.   The attorney has not received attorney’s fees or other compensation in addition to that requested in this petition in 17c.

5.   The attorney does not expect to receive attorney’s fees or other compensation in addition to that requested in this petition in 17f.

6.   The terms of any agreement between the petitioner and the attorney as attached as Attachment 17a.  

          Also, the petitions complied with CRC Rule 7.955(c) because they include a declaration from the attorney that addresses factors listen in 7.955(b) that are applicable to the matter before the court.  The declaration is attached to the petitions as Attachment 13a.  Further, the Court finds that the amount of attorney’s fees is reasonable. 

          However, the petitions failed to attach Attachment 18b(5).  The petitions request in section 18b. that the court Order the disposition of the balance of the proceeds of the settlement be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402.  Section 18b.(5) provides, “[t]he name and address of the parent and the money or other property to be delivered are specified in Attachment 18b(5).”

          Because the petitions fail to attach attachment 18b(5), the Petitions to Confirm Minor’s Compromise are DENIED without prejudice.  Petitioner is to file revised petitions.

IV.         CONCLUSION

          The Petitions to Confirm Minor’s Compromise are DENIED without Prejudice.  Petitioner is to file revised petitions.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that 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 matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

 

                                                        Dated this 20th day of January 2023

 

 

 

Hon. Kerry Bensinger

Judge of the Superior Court