Judge: Lee S. Arian, Case: 22STCV04736, Date: 2023-12-04 Tentative Ruling

Case Number: 22STCV04736    Hearing Date: December 4, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          Claimant Justine Hernandez (“Claimant”), a minor, by and through her parent and guardian-ad-litem, Alice Varela (“Petitioner”), agrees to release her claims against Defendant Magnolia Head Start (“Defendant”) for injuries Claimant sustained from Defendant’s alleged negligence.  On November 5, 2021, Claimant sustained a broken elbow from a fall on Defendant’s property. Under the proposed settlement, Defendant agrees to pay $50,000 to Claimant. 

          Attachment 7c(2)(b) indicates that the funds are to be deposited into a structured settlement with Quest Settlements.  The settlement will result in $22,500 in attorney’s fees to be paid to counsel and $8953.76 in medical expenses being paid, leaving $18,546.25 to be allotted to the minor. 

          The Court requires more information to be provided regarding the attorney’s fees.  Specifically, the Court would like to understand why nearly 50% of the settlement is being used for attorney’s fees in a case that has settled when most contingency arrangements assign no more than 1/3 to attorney’s fees if no trial is required. 

          Accordingly, the hearing on the Petition is continued to XXX and counsel is ordered to file a declaration explaining the attorney’s fees allotted under this settlement no less than 7 calendar days before the continued hearing date.

Moving party to give notice.

        Dated this 4th day of December 2023