Judge: Lisa R. Jaskol, Case: 22STCV12265, Date: 2024-07-02 Tentative Ruling
Case Number: 22STCV12265 Hearing Date: July 2, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On April 12, 2022, Plaintiff Te’ayrra Khloe-Ann Tramble (“Plaintiff”), by and through her guardian ad litem Michelle Smiley, filed this action against Defendants Walmart, Inc. (“Walmart”), Brian Doe, and Does 1-50 for negligence and premises liability.
On June 23, 2022, Plaintiff, by and through her guardian ad litem Michelle Smiley, filed a first amended complaint against Defendants Walmart, Brian Estrella (“Estrella”), and Does 1-50 for negligence and premises liability.
On June 27, 2022, the Court appointed Michelle Smiley to serve as Plaintiff’s guardian ad litem.
On August 2, 2022, Walmart filed an answer.
On September 2, 2022, the Court dismissed Estrella without prejudice at Plaintiff’s request.
On February 29, 2024, Plaintiff filed a notice of settlement.
On June 5, 2024, Petitioner Michelle Smiley filed a petition for expedited approval of a minor’s compromise.
PETITIONER’S REQUEST
Petitioner Michelle Smiley (“Petitioner”) asks the Court to approve the compromise of minor Plaintiff’s action.
DISCUSSION
The petition contains the following information:
Gross settlement amount: $35,000.00
Total medical expenses: $2,310.14
Reductions: $577.53
To be paid/reimbursed: $1,732.61
(Medi-Cal lien)
Attorney’s fees requested: $14,000.00
Non-medical
expenses: $8,355.98
Net
balance: $10,911.41
Section 14a of the petition asks for attorney’s fees of $14,000.00, which is 40 percent of the 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 will not award attorney’s fees that exceed $10,500.00.
B. Non-medical expenses
Section 14b of the petition requests $8,355.98 in costs. However, the listed categories of costs, when added together, come to $7,624.24. Petitioner should revise the petition to address this discrepancy.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Te’ayrra Khloe-Ann Tramble’s action filed by Petitioner Michelle Smiley on June 5, 2024.
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.