Judge: Lee S. Arian, Case: 20STCV17384, Date: 2023-11-30 Tentative Ruling

Case Number: 20STCV17384    Hearing Date: February 21, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.       INTRODUCTION

          Claimant Jose Sierra (“Claimant”), a person with a disability, by and through his Guardian Ad Litem, Maria Sierra (“Petitioner”), has agreed to settle their claims against Defendant Jordan Hernandez in exchange for $4,000,000.00. If approved, $708,668.87 will be used for medical expenses, $1,600,000.00 will be used for attorney’s fees, and $117,810.59 will be used for non-medical expenses, leaving a balance of $1,573,520.54 for Claimant with $1,000,000.00 to be invested in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court and $573,520.54 to be paid or transferred to the trustee of a special needs trust established under Probate Code section 3604.

II.      DISCUSSION

          The Court has reviewed the proposed settlement and finds that the amount is fair and reasonable based on the circumstances of the case and supporting documentation. The Court finds counsel’s fees in the amount of 40% of the total settlement fair and reasonable in light of counsel’s declaration and retainer agreement. The Petition attaches all relevant medical records and both Medicare and Medi-Cal demand letters. However, Item 12.b(3) is incomplete, i.e., the reduction amount is missing. Further, the demand amount for Medicare appears to be less than the amount sought of $17,145.96. (See Attachment 12b(3).) While a demand letter is attached, this does not appear to be the final demand letter or letter agreement. Petitioner is to attach the final letter or provide clarification to the Court.

          The Court will hear from counsel.

       Dated this 21st day of February 2024