Judge: Lisa R. Jaskol, Case: 21STCV45526, Date: 2025-02-25 Tentative Ruling
Case Number: 21STCV45526 Hearing Date: February 25, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On December 15, 2021, Plaintiffs Henrietta Riojas and Sky Riojas, a minor, by Henrietta Riojas, as her guardian ad litem, filed this action against Defendants Siesta Inn, Inc., Siesta Inn, Sunila Bhakta, Harry Bakta, and Does 1-20 for battery, negligence, intentional infliction of emotional distress, fraudulent concealment, private nuisance, public nuisance, and breach of contract.
On December 27, 2021, the Court appointed Henrietta Riojas to serve as Plaintiff Sky Riojas’s guardian ad litem.
On October 17, 2023, Plaintiffs filed a first amended complaint.
On November 7, 2023, the Court dismissed Defendant Siesta Inn without prejudice at Plaintiffs’ counsel’s oral request.
On May 16, 2024, Plaintiffs filed a notice of settlement.
On August 20, 2024, Defendants Siesta Inn, Inc., Sunila Bhakta, and Harry Bhakta, erroneously sued as Harry Bakta, filed an answer.
On December 17, 2024, Petitioner Henrietta Riojas (“Petitioner”) filed a petition for expedited approval of the compromise of minor Plaintiff Sky Riojas’s claims.
PETITIONER’S REQUEST
Petitioner
asks the Court to grant the petition for expedited approval of the compromise
of the claims of minor Plaintiff Sky Riojas (“Plaintiff”).
Petitioner has submitted a complete petition with all necessary information.
The petition asks the Court to award $2,000.00 in attorney’s fees, which is 40 percent of the $5,000.00 gross settlement amount. California Rules of Court, rule 7.955, “requires a trial court, in determining reasonable attorney fees, to balance an attorney's interest in fair compensation with the protection of the interests of a minor client. Thus, a trial court ‘must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made.’ ” (Schulz v. Jeppesen Sanderson, Inc. (2018) 27 Cal.App.5th 1167, 1176-1177 (Schultz), quoting Cal. Rules of Court, rule 7.955(a)(2).)
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 $1,500.00 in attorney’s fees, increasing the net balance from $3,000.00 to $3,500.00.
CONCLUSION
The Court GRANTS the petition for expedited approval of the compromise of minor Plaintiff Sky Riojas’s claims filed by Petitioner Henrietta Riojas on December 17, 2024, as modified (1) to reduce the attorney’s fee amount to $1,500.00 and (2) to increase the net settlement amount to $3,500.00.
The net settlement amount of $3,500.00 is to be deposited with Chase Bank, 4887 Huntington Dr N, Los Angeles, California 90032, subject to withdrawal only on authorization of the court.
Petitioner is to submit (1) a revised order to deposit funds in blocked account and (2) a revised order approving compromise of claim or action. The revised orders shall contain the revised attorney’s fees and net settlement amounts.
The Court sets an OSC Re: Distribution of Net Settlement on April 25, 2025, at 8:30 a.m., in Department 28 of the Spring Street Courthouse.
The Court sets an OSC Re: Dismissal of Case (Settlement) on April 25, 2025, 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.