Judge: Lee S. Arian, Case: 21STCV19373, Date: 2024-04-15 Tentative Ruling

Case Number: 21STCV19373    Hearing Date: April 15, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

Petition To Approve Minor’s Compromise

Hearing Date: 4/15/24

Claimant Name: Adonis Rodriguez Contreras, 4 and Perla Rodriguez Contreras, 16

CASE NO./NAME: 21STCV19373 ANGEL RODRIGUEZ, et al. vs ISAURA BELEN ROMERO

Ruling: DENY

TENTATIVE

The Court excuses the personal appearance of Claimants Adonis Rodriguez Contreras and Perla Rodriguez Contreras and the guardian ad litem. Counsel may appear by telephone or video conference call.

Adonis Rodriguez Contreras¿¿ 

The Court has reviewed the Petition to Approve Compromise of Pending Action of Adonis Rodriguez Contreras, 4. The application is denied for the following reasons:

·        Attachment 12 of the Petition needs to be submitted.

·        Attachment 13g of the Petition needs to be submitted.

·        Attachment 14a of the Petition needs to be submitted, containing both a declaration for the requested attorney’s fees and copy of the retainer agreement.

·        Item 12b(3) should not include Claimant, furthermore Claimant Perla Contreras’s name is missing.

·        Items 11, 12, and 17 of the Petition are inconsistent. Petitioner needs to revise these items to maintain consistency. In one part, the gross settlement amount is stated as $3,726, while in another, it is stated as $2,500.

·        Item 19b of the Petition need to be completed.

Typically, a fee of 25% of the gross settlement is reasonable. The Court recommends reducing the attorney’s fees to that amount and amending the petition to reflect the new amount, or counsel can explain why a higher amount is appropriate, albeit that showing needs to account for counsel’s failure to fill out a simple form correctly to complete this matter in an efficient manner.

        Perla Rodriguez Contreras

The Court has reviewed the Petition to Approve Compromise of Pending Action of Perla Rodriguez-Contreras, 16. The application is denied for the following reasons:

·        Attachment 12 of the Petition needs to be submitted.

·        Attachment 13a of the Petition needs to be submitted.

·        Attachment 13g of the Petition needs to be submitted.

·        Attachment 14a of the Petition needs to be submitted, containing both a declaration for the requested attorney’s fees and copy of the retainer agreement.

·        Item 13a(4)(5) needs to be completed, also the numbers in Item 13 do not add up.

·        Items 15 and 17 need to be revised. In one part, the net balance is stated as $834.36, whereas in another part, it is stated as $2,034.36.

·        Item 13c(2)(b) needs to be revised. The number provided is not reflected in the documents attached and also conflicts with numbers provided elsewhere.

Typically, a fee of 25% of the gross settlement is reasonable. The Court recommends reducing the attorney’s fees to that amount and amending the petition to reflect the new amount, or counsel may explain why a higher amount is appropriate.

Petitioner is hereby ordered to correct the deficiencies noted above no less than 5 days prior to the new court date set below.

THE COURT SETS AN OSC RE SANCTIONS UP TO $750 PURSUANT TO CCP 177.5 FOR COUNSEL’S FAILURE TO FOLLOW A COURT ORDER – THESE SAME DEFICIENCIES WERE NOTED ON 1/31/24, AND NO CORRECTED PETITIONS WERE FILED.  THE OSC IS HEREBY SET FOR _______, 2024, AT 8:30 AM.

Moving party is ordered to give notice.