Judge: Lisa R. Jaskol, Case: 22STCV24674, Date: 2024-01-24 Tentative Ruling

Case Number: 22STCV24674    Hearing Date: April 11, 2024    Dept: 28

Having considered the petitioning papers, the Court rules as follows.  

BACKGROUND 

On July 29, 2022, Plaintiffs Beatriz Adriana Cortez Pacheco and Gabino Chavez (“Chavez”) filed this action against Defendants Super Center Concepts, Inc. dba Superior Grocers (“Defendant”) and Does 1-100 for general negligence and premises liability. 

On January 12, 2023, the Court appointed Beatriz Adriana Cortez Pacheco to act as Chavez’s guardian ad litem. 

On January 13, 2023, Plaintiffs filed a first amended complaint. 

On February 6, 2023, Defendant filed an answer. 

On January 11, 2024, Plaintiffs filed a notice of settlement. 

On February 5, 2024, Plaintiffs filed a petition for expedited approval of a minor’s compromise. 

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner Beatriz Adriana Cortez Pacheco (“Petitioner”) asks the Court to approve the compromise of Plaintiff Gabino Chavez’s claims. 

LEGAL STANDARD 

“‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338; see Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) 

To obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; see Cal. Rules of Court, rule 7.950.) 

DISCUSSION      

A.   Reduction of medical expenses (Section 13a(3)) 

Section 13a(1) of the petition states that Plaintiff’s total medical expenses were $1,145.00.  Section 13a(3) states that, of this total amount, $355.00 was subject to negotiated, contractual, or statutory reductions.  It appears that the reduction amount in Section 13a(3) should be $345.00 based on Attachment 13a, which states that El Monte Injury Center billed $1,145.00 and the final negotiated bill amount is $800.00. 

B.   Attorney’s fees 

          The Court has reviewed counsel’s declaration stating that an attorney fee of $1,000.00 (33.3% of the gross settlement amount) is reasonable. As the Court explained in its January 24, 2024 order, 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 attorney’s fee award will be $900.00, which is 30 percent of the gross settlement amount. 

C.   Expenses 

Section 14b of the petition asks that $130.25 in “Litigation/Administrative Expenses” be reimbursed out of the settlement proceeds.  As the Court requested in its January 24, 2024 order, Petitioner should provide information supporting this request. 

The Court denies the petition without prejudice. 

CONCLUSION 

The Court DENIES without prejudice the petition for expedited approval of the compromise of Plaintiff Gabino Chavez's claims filed by Petitioner Beatriz Adriana Cortez Pacheco on February 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.