Judge: Lee S. Arian, Case: 22STCV30918, Date: 2024-10-18 Tentative Ruling
Case Number: 22STCV30918 Hearing Date: October 18, 2024 Dept: 27
Hon. Lee S. Arian, Dept 27
Petition To Approve Minor’s
Compromise
Hearing Date: 10/18/24
Claimant Name: Alexander Mora and Victoria Mora, minors
CASE NO./NAME: 22STCV30918
ERIKA MURILLO, et al. vs RUBEN MARTINEZ
Ruling: GRANT
TENTATIVE
The Court
excuses the personal appearance of Claimant and the guardian ad litem. Counsel
may appear by telephone or video conference call.
On October 11, 2024, the Court reviewed the
minors’ compromise for claimants, Alexander Mora and Victoria Mora, and listed
the following deficiencies:
• Item 7 of the proposed orders needs to be
unchecked, as there is no Medi-Cal lien.
• Item 8a(2) of the proposed
orders should include only costs (such as filing fees and other related fees).
• Item 8a(3) of the proposed
orders must be completed to include reimbursement to medical providers.
• Item 13b of the petitions needs
to be amended to exclude attorney fees.
• Either item 17c or 17f of the
petitions needs to be completed, as counsel is representing other plaintiffs in
this matter.
On October 17, 2024, Petitioner filed amended
petitions correcting the above deficiencies.
Under the proposed settlement for Claimant Alexander Mora, a gross
settlement of $5,000 is set to be distributed as follows: $408.44 will be
allocated for medical expenses, $1666.66 for attorneys' fees, and $121.77 for
costs. The net balance of $2803.13 will be awarded to Claimant.
Under the proposed settlement for Claimant
Victoria Mora, a gross settlement of $5,000 is set to be distributed as
follows: $433 will be allocated for medical expenses, $1666.66 for attorneys'
fees, and $121.77 for costs. The net balance of $2778.57 will be awarded to
Claimant.
The Court has reviewed the Petitions and
determined that all required information has been provided and all necessary
attachments have been filed. The Court reviews the settlements and finds it
fair and reasonable. The Court
also finds the attorney’s fees fair and reasonable. Based
on the foregoing, the petitions filed on October 17, 2024, are GRANTED.
The Court sets an Order to Show Cause
Re: Compliance of Payment on____________________
IN DEPARTMENT SS-27 AT 8:30 AM.
Moving party is ordered to give notice.