Judge: Lisa R. Jaskol, Case: 21STCV03516, Date: 2023-10-16 Tentative Ruling

Case Number: 21STCV03516    Hearing Date: October 16, 2023    Dept: 28

Claimant Yisroel Cohen (“Claimant”) was hit by Defendant Mary Stepanyan’s (“Defendant”) vehicle while crossing the street. As a result of the incident, Claimant sustained bruising, sleep disturbance, irritability and post-traumatic stress disorder. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, if Petitioner Chaya Cohen (“Petitioner”) uses the required Judicial Council forms and meets certain conditions. The conditions are: 

1. Petitioner is represented by an attorney.

2. The claim is not for wrongful death.

3. Settlement proceeds will not be placed in a trust.

4. There are no unresolved liens.

5. Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier.

6. Petitioner’s attorney is not employed by or associated with a Defendant or insurance carrier in connection with the petition.

7. 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.

8. 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: $18,000.00 

INJURIES: bruising, sleep disturbance, irritability and post traumatic stress disorder 

MEDICAL EXPENSES: $3,975.10 

COSTS: $904.07 

ATTORNEY’S FEES: $6,000.00, which is 33% of the gross settlement 

BALANCE OF PROCEEDS: $7,120.83 

DISCUSSION: 

Petitioner has submitted a completed petition with all applicable attachments. However, the Court will not award attorney’s fees exceeding 25% of the gross settlement. The Court reduces attorney’s fees to $4,500.00, making the new net balance $8,620.83. 

Petitioner requests that the net balance be placed in a blocked account at Bank of America, 466 N La Brea Ave, Los Angeles, CA 90036. The Court orders the balance so distributed. 

The Court sets an OSC Re: Deposit of Net Balance into Blocked Account on December 15, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal (Settlement) on December 15, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.