Judge: Lee S. Arian, Case: 22STCV04763, Date: 2023-12-18 Tentative Ruling

Case Number: 22STCV04763    Hearing Date: December 18, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

CASE NO.: 22STCV04763      -    HERNANDEZ, Plaintiff, vs. MAGNOLIA HEAD START, et al., Defendants. 

[TENTATIVE] ORDER RE: PETITION TO CONFIRM MINOR’S COMPROMISE

Dept. 27 1:30 p.m. December 18, 2023

MOVING PARTY: Petitioner Alice Varela

RESPONDING PARTY: N/A

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.

The settlement will result in $22,500 in attorney’s fees to be paid to counsel, $3,000.51 in medical expenses being paid, and $5,953.25 in non-medical expenses being paid, leaving $18,546.24 to be allotted to Claimant. The funds are to be deposited into a structured settlement with Quest Settlements.

Minute Order of December 4, 2023

On December 4, 2023, the Court issued a Minute Order continuing the matter. The Court stated more information is required regarding the attorney’s fees because nearly 50% of the settlement is being used of 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. The Court ordered Counsel to file a declaration explaining the attorney’s fees allotted under this settlement.

On December 11, 2023, Counsel filed a declaration pursuant to the Court’s order. Counsel states the retainer agreement (attached to the petition as “Attachment 18a”) provides that if mediation is conducted, then 45% of the total settlement shall be paid as attorney’s fees. (Declaration of Sutton Shapiro (“Shapiro Decl.”), ¶ 4.) Mediation was conducted to settle the case for the most value with the least amount of costs, and the case settled after mediation only as a result of a mediator’s proposal. (Shapiro Decl, ¶¶ 5-6.) Further, liability is still disputed and defendants have not accepted any fault of negligence. (Shapiro Decl., ¶ 7.)

Upon review of Counsel’s declaration, the Court finds the declaration sufficiently supports the attorney’s fees request based on the agreement between counsel and client.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 18th day of December 2023

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Hon. Lee S. Arian
Judge of the Superior Court