Judge: Lisa R. Jaskol, Case: 21STCV31896, Date: 2023-11-13 Tentative Ruling

Case Number: 21STCV31896    Hearing Date: November 13, 2023    Dept: 28

Plaintiff Cindy Ortiz was exposed to carbon monoxide while pregnant with Claimant Jacob Rodriguez (“Claimant”) and working at Defendants’ retail location.   

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Cindy Ortiz (“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:  $10,000.00

 INJURIES:  Carbon monoxide poisoning

MEDICAL EXPENSES:  $0.00

COSTS:  $0.00

ATTORNEY’S FEES REQUESTED:  $4,000.00 which is 40% of the gross settlement

DISCUSSION:

Petitioner has submitted a completed petition with all applicable attachments. 

The petition requests attorney’s fees of $4,000, which is 40% of the gross settlement amount.  The Court typically does not award attorney’s fees in excess of 25% of the gross settlement in cases involving minors absent extraordinary efforts, described with particularity, by counsel. The Court has reviewed counsel’s declaration concerning the request for attorney’s fees.  The Court awards attorney’s fees of $3,000.00 (30%), leaving a net balance of $7,000.00. 

Petitioner requests that the net balance be placed in an insured account at Bank of America, Sycamore Plaza Branch, 2830 Cochran St., Simi Valley, CA 93065. The Court orders the net balance of $7,000.00 so distributed.

The
Court sets an OSC Re: Deposit of Net Balance into Blocked Account on December 29 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse. 

The
Court sets an OSC Re: Dismissal (Settlement) on December 29, 2023 at 8:30 a.m.
in Department 28 of the Spring Street Courthouse.