Judge: Kerry Bensinger, Case: 21STCV17132, Date: 2023-04-12 Tentative Ruling

Case Number: 21STCV17132    Hearing Date: April 12, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On March 15, 2023, Claimant, Alonso Sandoval, a minor, by and through his guardian ad litem, Petitioner Maria Sanchez Gutierrez, has agreed to settle his claims against Defendant Abdelamir Elhagehassan in exchange for a lump sum $93,334.  If approved, $23,333.50 will be used for attorney’s fees, leaving a balance of $70,000.50 for Claimant to be deposited into a blocked account with Bank of America in Wilmington, 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 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 $23,333.50, which represents 25% of the present value of the settlement, pursuant to the contingency fee agreement between the parties.  (Declaration in Support of Petition, Attachment 17(a), Ex. 1.)  The Court finds that $23,333.50 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 12th day of April 2023