Judge: Lee S. Arian, Case: 20STCV36429, Date: 2024-04-08 Tentative Ruling

Case Number: 20STCV36429    Hearing Date: April 8, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

Petition To Approve Minor’s Compromise

Hearing Date: 4/8/24

Claimant Name: David Maldonado, 14.

CASE NO./NAME: 20STCV36429 DAVID MALDONADO, et al. vs LOS ANGELES UNIFIED SCHOOL DISTRICT

Ruling: Deny

TENTATIVE

The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.

The Court has reviewed the Petition to Approve Compromise of Pending Action of David Maldonado, 14. The application is denied for the following reasons:

·        Item 10c of the petition must be completed.

·        The medical expenses under Item 12a of the petition needs to match up.

·        Item 12b(5)(a) of the petition needs to be completed.

·        Item 12b(5)(b) of the petition needs to be completed.

The Court has considered the Declaration in support of the fee request. In light of the retainer agreement providing for a 45% fee and the time that it has taken to achieve that settlement, during which time plaintiff’s counsel has advanced funds and received no money from her client, the Court will approve that fee, albeit with significant hesitation given that the fee appears to be in excess of usual contingency agreements for cases that do not require trial and because counsel’s failure to correctly fill out the petition, as indicated above, is inconsistent with her high fee.

Claimant is hereby ordered to correct the deficiencies noted above no less than 5 days prior to the new court date set below. Failure to do so may result in sanctions and potentially reconsideration by the Court of the high fee requested given the inconsistency of that fee with the failure to complete a simple task, i.e., the correct completion of a form pleading, so as not to waste the Court’s time and to ensure that counsel’s client receive the negotiated settlement as soon as possible.

THE COURT SETS AN OSC RE MINOR COMPROMISE ON APRIL _____, 2024, IN DEPARTMENT 27 AT 8:30 AM.

Moving party is ordered to give notice.