Judge: Lisa R. Jaskol, Case: 21STCV32700, Date: 2024-09-16 Tentative Ruling
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Case Number: 21STCV32700 Hearing Date: September 16, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On September 3, 2021, Plaintiffs Tristan Martinez, a minor, by and through his guardian Marilyn Annabella Carrera, and Sebastian Martinez, a minor, by and through his guardian Marilyn Annabella Carrera, filed this action against Defendants Santiago Valdez Ramos (“Defendant”) and Does 1-50 for negligence.
On February 9, 2023, the Court appointed Marilyn Annabella Carrera to serve as Plaintiff Sebastian Martinez’s guardian ad litem.
On April 28, 2023, Defendant filed an answer.
On December 28, 2023, Plaintiff’s counsel filed a declaration stating that Plaintiff Tristan Martinez is no longer a minor.
On April 2, 2024, Plaintiffs filed a notice of settlement.
On July 24, 2024, Petitioner Marilyn Annabella Carrera (“Petitioner”) filed a petition for expedited approval of a minor’s compromise.
PETITIONER’S REQUEST
Petitioner
asks the Court for expedited approval of the compromise of minor Plaintiff
Sebastian Martinez’s action.
DISCUSSION
The petition contains the following information:
Gross
settlement amount: $4,999.00
Total
medical expenses: $1,673.00
Reductions: $1,234.26
To
be paid/reimbursed from proceeds: $438.74
Liens: $438.74
Non-medical
expenses: $561.06
The Court has considered the factors listed in rule 7.955, including counsel’s declaration and the retainer agreement, and concludes that an attorney’s fee award of 30 percent is reasonable in this case. (See Schultz, supra, 27 Cal.App.5th at p. 1175 [“Even if there is no benchmark starting point for attorney fees in cases under California Rules of Court, rule 7.955, a court may of course reasonably determine that 25 percent is an appropriate percentage in a given case”].) Therefore, the Court awards attorney’s fees of $1,499.70. As a result, the net settlement amount will be $2,499.50.
The net settlement amount of $2,499.50 will be paid or delivered to Marilyn Annabella Carrera, 4618 Hubbard Street, Los Angeles, California 90022, on the terms and under the conditions specified in Probate Code sections 3401–3402, without bond.
The Court grants the petition as modified, subject to Petitioner’s submission of an amended order showing an attorney's fee award of $1,499.70 and a net settlement amount of $2,499.50.
CONCLUSION
The Court GRANTS the petition for expedited approval of the compromise of minor Plaintiff Sebastian Martinez’s action filed by Petitioner Marilyn Annabella Carrera on July 24, 2024, conditioned on Petitioner’s submission of an amended order showing an attorney's fee award of $1,499.70 and a net settlement amount of $2,499.50. The Court orders that the net settlement amount of $2,499.50 will be paid or delivered to Marilyn Annabella Carrera, 4618 Hubbard Street, Los Angeles, California 90022, on the terms and under the conditions specified in Probate Code sections 3401–3402, without bond.
The Court sets an OSC Re: Distribution of Net Settlement on November 20, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
The Court sets an OSC Re: Dismissal of Case (Settlement) on November 20, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
Petitioner is ordered to give notice of this ruling.
Petitioner is ordered to file the proof of service of this ruling with the Court within five days.