SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

 

 

On March 17, 2020, Plaintiffs Jovani Hernandez and Samantha Cortez filed this action against Defendants Francisco Canizalez, Ellen Roesch Family Irrevocable Trust of 2012, and DOES 1-20 (collectively “Defendants”) alleging 1) strict liability, 2) negligence, and 3) premises liability. The claims arise out of a dog attack by owner Defendants’ dog on April 23, 2018.  

On November 16, 2022, the Court continued a hearing on Plaintiff’s petition for approval of a minor’s compromise because counsel did not set a motion hearing date for the Petition to be reviewed. Counsel was instructed to either correctly file an expedited petition which would not require a motion hearing or reserve a motion date. Counsel subsequently reserved this date, March 28, 2023, for the instant motion. On February 14, 2023, Plaintiffs filed an MC-350 Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (the “Petition”), an MC-351 Proposed Order approving the Petition, and an MC-355 Proposed Order to Deposit Funds in a Blocked Account. 

Claimant Samantha Cortez (“Claimant”), a minor, by and through her Guardian Ad Litem and mother, Jovani Hernandez (“Petitioner”), has agreed to settle her claims against all defendants in exchange for a lump sum of $4,000. If approved, $1,800 will be used for attorney’s fees and $190.58 will be used to pay The Rawlings Company for medical expenses, leaving a balance of $2,009.42 for Claimant to be deposited into a blocked account with 1st Century Bank in Los Angeles, CA, subject to withdrawal only upon authorization of the court. 

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The petition must be verified and “must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.” (Cal. Rules of Court rule 7.950.)  

Regarding the medical expenses, the $190.58 to be paid to The Rawlings Company is supported by a letter from a representative of The Rawlings Company to the Bedford Law Group and statement containing Claimant’s remaining balance with The Rawlings Company, both dated January 11, 2023. (Declaration in Support of Petition, Ex. B.) The Court finds there is sufficient documentation in support of Claimant’s medical expenses.  

Regarding the attorney’s fees, the Court has reviewed the proposed settlement and finds that the attorney’s fees requested are fair and reasonable. Claimant’s counsel requests $1,800, which represents 45% of the present value of the settlement, pursuant to the contingency fee agreement between the parties. (Declaration in Support of Petition, Attachment 17(a).) Claimant’s Counsel argues the following in support of this amount: 1) this fee was negotiated in the contingency fee agreement entered into by Claimant and the Bedford Law Group at the beginning of representation, 2) Claimant was a 7-year-old minor at the time counsel took the case, and 3) Defendants steadfastly refused to settle and it took extensive litigation to reach the eventual settlement. The Court finds that $1,800 is justified. Accordingly, Petitioner’s motion is GRANTED.  

 

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 28th day of March 2023