Judge: Lisa R. Jaskol, Case: 19STCV15020, Date: 2023-06-20 Tentative Ruling
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Case Number: 19STCV15020 Hearing Date: June 20, 2023 Dept: 28
BACKGROUND
Claimant Carlos Moyer Webster (“Claimant”) was riding his motor scooter on a street when his scooter slipped on sand, causing Claimant to fall and injure himself. Claimant suffered a concussion, contusion of eyeball, abrasion of nose, lip head, hands, legs, elbow pain, tingling, numbness, tremors and headaches.
This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5 as long as Petitioner Crystal Webster-Arroyo (“Petitioner”) uses the required Judicial Council forms and meets certain conditions. The settlement must not exceed $50,000. The conditions are:
¿ Petitioner is represented by an attorney.
¿ The claim is not for wrongful death.
¿ Settlement proceeds will not be placed in a trust.
¿ There are no unresolved liens to be satisfied from the proceeds of the settlement.
¿ Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier.
¿ Petitioner’s attorney is not employed by or associated with a Defendant or insurance carrier in connection with the petition.
¿ If an action is filed, all Defendants that have appeared are participating in the compromise OR the court has determined the settlement to be in good faith.
¿ The settlement, exclusive of interests and costs, is $50,000 or less ¿ OR if greater than $50,000, the amount payable is the insurance policy limits AND all proposed contributing parties would be substantially unable to use assets other than the insurance policy limits ¿ AND the court does not otherwise order.
SETTLEMENT: $40,000.00
INJURIES: Concussion, contusion of eyeball, abrasion of nose, lip head, hands, legs, elbow pain, tingling, numbness, tremors and headaches.
MEDICAL EXPENSES: $6,806.17.
COSTS: $2,109.62
ATTORNEY’S FEES: $15,000.00, which is 37.5% of the gross settlement.
BALANCE OF PROCEEDS: $16,081.21.
DISCUSSION
Petitioner states that medical expenses, before reductions, totaled $47,645.00. Negotiated, contractual, or statutory reductions amounted to $39,132.15, leaving $8,512.85. Petitioner, however, states that the remaining total to be paid or reimbursed is $6,809.17. This leaves $1,703.68, the figure listed for medical expenses paid. Petitioner must reimburse the already paid expenses out of the settlement amount.
In addition, the Court will not award attorney fees over 25% of the settlement amount.
Therefore, the Court DENIES the petition.