Judge: Latrice A. G. Byrdsong, Case: 22STLC04373, Date: 2023-10-05 Tentative Ruling
Case Number: 22STLC04373 Hearing Date: October 5, 2023 Dept: 25
JUDY GARDINEER, BY AND THROUGH GUARDIAN AD
LITEM, et al. vs DALILA CASILLAS
PETITION FOR APPROVAL OF MINOR'S COMPROMISE AS TO MINOR CLAIMANT JUDY GARDINER (AGE 14)
Ruling: Petitioner’s
Petition for Approval of Compromise
of Claim of Proceeds of Judgment for Minor is GRANTED, based on costs in the summary Pet., ¶ 16(d)., which lists the expenses as $279.20.
Settlement:
|
Judy Gardineer |
$9,500.00 |
|
Plaintiff Matthew Blackcloud |
$15,000.00 |
|
Plaintiff Brenda Blackcloud |
$10,000.00 |
|
Plaintiff Hans Blackcloud |
$4,999.00 |
|
Plaintiff Phoebe Blackcloud |
$4,500.00 |
|
Plaintiff Nicole Maclennan |
$9,000.00 |
MEDICAL EXPENSES
|
Total Medical Expenses |
$3,480.00 |
|
Total Expenses Paid |
$1,794.92 |
|
Total of Negotiated, contractual, or statutory reductions |
$485.08 |
|
Total Medical Expenses to be paid or reimburse by proceeds |
$1,200.00 |
Claimant was injured in a motor vehicle accident. Claimant sustained injuries that caused mid thoracic pain,
upper thoracic pain, posterior cervical pain, lumbar pain, lower thoracic pain,
occasional to intermittent stiffness and tenderness, decreased lumbar spine
range of motion, joint fixation in the lumbar spine, joint fixation in the
cervical spine and joint fixation in the thoracic spine, and muscle spasms.
Claimant has completely recovered.
|
Costs |
$279.20 |
Petitioner’s counsel seeks to be reimbursed for records fees and filing fees. (Pet., ¶ 16(d).) These fees are allowable. The Court notes that there is a discrepancy of costs at Pet., ¶ 13(b) and in the summary Pet., ¶ 16(d)., which lists the expenses as $293.20 and $279.20, respectively. The Court’s approval of Petitioner’s Petition is based on the costs provided in the summary Pet., ¶ 16(d)., as this amount is noted in the attorney declaration of fees in Attachment 13a and used to calculate the net settlement amount in Petitioner’s Petition (Pet., ¶ 16(f). and Pet., ¶ 18(b)(1).).
|
Attorney’s fees |
$2,250.00 |
“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).
¿¿¿ Legal services agreement is attached.
|
Costs |
$279.20* |
|
Attorney’s fees |
$2,250.00 |
|
Medical Expenses |
$1,200.00 |
|
Total fees and costs |
$3,729.20* |
|
|
|
|
Total Settlement |
$9,500.00 |
|
Less costs |
$3,729.20* |
|
Net settlement |
$5,770.80* |
*There is a discrepancy between the costs on the form. Therefore, these costs are calculated based
on the summary provided on Petition paragraph 16, subd. (d).