Judge: Lee S. Arian, Case: 20STCV12792, Date: 2024-01-25 Tentative Ruling

Case Number: 20STCV12792    Hearing Date: January 25, 2024    Dept: 27

Mia Escobar-Torres, a minor, by and through her guardian ad litem v. El Rancho Unified School District, et al.

January 25, 2024

CASE NUMBER: 20STCV12792

 

Petition to Confirm Minor’s Compromise

 

Summary

Complaint alleges that on May 15, 2019, the minor was injured when allowed outside the classroom unsupervised.

Petitioner Evelyn Torres was appointed as guardian ad litem on May 21, 2020.

Settlement: 

El Rancho Unified School District; Magee Academy of Arts and Sciences, and Does 1-100, Inclusive

$ 20.000.00

Injuries:  

  Medical report submitted.

MEDICAL EXPENSES 

Total medical expenses before any reductions

$ 7,879.40

Total medical expenses paid (include payments by private insurance, Medi-Cal, or Medicare)

($ 2,546.43)

Total of negotiated, contractual, or statutory reductions, if any

($ 1,633.60)

Total medical expenses to be paid or reimbursed from the proceeds

 

Total amount of statutory or contractual liens, if any

$ 912.83

See Attachments 8 and 12(b)(c)(ii)(B).

COSTS

See Attachment 13b (includes expert fee, process service, court reporters fees, etc.)

$ 8,552.01

FEES

 Declaration in support of fee request (see Attachment 13a)

 Copy of retainer agreement (see Attachment 17a)

REIMBURSEMENT

Attorney’s fees

$ 2,861.99

Medical expenses to be paid

$ 912.83

Other expenses to be paid

$ 8,552.01

Total fees and costs

$ 12,326.83

 

 

Total Settlement

$ 20,000.00

Less fees and costs

$ 12,326.83

Net Settlement

$ 7,673.17

 

TENTATIVE

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor. The Court finds that the settlement is reasonable, and based thereon, approves and GRANTS the petition.

The Court has considered the Declaration of Garrett R. Chambers in support of the fee request. The Court finds that on the current record, and in consideration of the factors set forth in Cal. Rules of Court, Rule 7.955(b), a fee of less than 25% of the gross settlement is reasonable.

THE COURT SETS AN OSC RE COMPLIANCE/PROOF OF RECEIPT OF DEPOSIT ON MAY 24, 2024 [120 days] IN DEPARTMENT 27, SPRING STREET, AT 1:30 PM. No appearance required if receipt filed.

Moving party is ordered to give notice.

 

DATED: January 25, 2024

____________________________

Hon. Lee S. Arian 

Judge of the Superior Court