Judge: Lisa R. Jaskol, Case: 22STCV11044, Date: 2024-02-02 Tentative Ruling

Case Number: 22STCV11044    Hearing Date: February 2, 2024    Dept: 28

Claimants Bailey Boardley (“Bailey Boardley”) and Benjamin Boardley (“Benjamin Boardley”) were rear-ended by Defendants while riding as passengers in their mother’s vehicle. They did not suffer injuries as a result of the incident. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, if Petitioner Roselyn Boardley (“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. 

A.   Bailey Boardley 

SETTLEMENT: $3,000.00 

INJURIES: N/A 

MEDICAL EXPENSES: $0.00 

COSTS: $0.00 

REQUESTED ATTORNEY’S FEES: $1,000.00 which is 33.33% of the gross settlement 

PROPOSED BALANCE OF PROCEEDS: $2,000.00 

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B.   Benjamin Boardley 

SETTLEMENT: $3,000.00 

INJURIES: N/A 

MEDICAL EXPENSES: $0.00 

COSTS: $0.00 

REQUESTED ATTORNEY’S FEES: $1,000.00 which is 33.33% of the gross settlement 

PROPOSED BALANCE OF PROCEEDS: $2,000.00 

DISCUSSION: 

Petitioner has complied with all requirements for approval. 

Counsel has requested an attorney’s fee award of $2,000.00 ($1,000.00 for each minor), which is 33.33 percent of the $6,000.00 gross settlement amount.  Counsel notes that Petitioner approved the retainer agreement that supports this request. 

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 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 total attorney’s fee award will be $1,800.00 ($900.00 for each minor), which is 30 percent of the gross settlement amount.  The net settlement amount for each Claimant is $2,100.00. 

Petitioner requests that the amounts be paid to Roselyn Boardley at 6302 Fairfax Avenue, Los Angeles, CA 90056. The Court orders that the net settlement amounts are to be so distributed.