TENTATIVE RULING

Petitioner Michael Dahan’s Petitions to Approve Compromise of Pending Action of Claimants Leo Dahan and Ayden Dahan, and Petitioner Michael Nathan’s Petition to Approve Compromise of Pending Action of Claimant Aviel Nathan are CONTINUED to a date to be determined at hearing.

Petitioners Michael Dahan and Michael Nathan to give notice. 

REASONING

Rule 7.950 of the California Rules of Court governs the procedure for a petition for court approval of a minor’s compromise under the Probate Code. The Court has reviewed the petitions and finds that the petitions suffer from deficiencies which must be corrected before the petitions can be approved.

First, counsel fails to provide any medical records documenting the injuries and treatment of Claimant Aviel Nathan. Rule 7.950 of the California Rules of Court states that a petition “must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition.” The Court requires medical documentation of the injuries and treatment described in paragraph 9 of counsel’s declaration.

Second, while counsel has provided a copy of the agreement for attorney fees, the Court lacks a basis to conclude that an award of 40% of the total settlement is proper here. Rule 7.955(a)(1) of the California Rules of Court states that “the court must use a reasonable fee standard when approving and allowing the amount of attorney’s fees payable from money or property paid or to be paid for the benefit of a minor,” and the Court is not convinced that a 40% contingency fee is proper in a warranty of habitability case where neither the claims nor the injuries appear to be particularly complex or require any specialized knowledge. While the Court recognizes that counsel expended time litigating this action before it settled, this work affected the overall settlement amount, as counsel acknowledges, such that imputing this to the claimants’ recovery and reducing their settlement by a substantial amount does not appear warranted.

Accordingly, Petitioner Michael Dahan’s Petitions to Approve Compromise of Pending Action of Claimants Leo Dahan and Ayden Dahan, and Petitioner Michael Nathan’s Petition to Approve Compromise of Pending Action of Claimant Aviel Nathan are CONTINUED to a date to be determined at hearing. Ten days prior to the continued hearing, counsel shall provide medical records documenting the injuries and treatment of Claimant Aviel Nathan, and counsel shall reduce the requested percentage of attorney fees to be awarded out of the settlement amounts or provide legal support of contingent fees at 40% with respect to minors' compromises.