Judge: Lisa R. Jaskol, Case: 22STCV27000, Date: 2024-01-29 Tentative Ruling

Case Number: 22STCV27000    Hearing Date: January 29, 2024    Dept: 28

Claimant Nessia Ohev Shalom (“Claimant”) was a passenger in a vehicle that was rear ended by Defendant Daniel Jiwanmall.  As a result of the incident, Claimant suffered from neck pain and low back pain. 

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

SETTLEMENT: $6,500.00 

INJURIES: Neck pain and low back pain 

MEDICAL EXPENSES TO BE REIMBURSED FROM SETTLEMENT PROCEEDS: $2,000.00 

COSTS: $449.05 

ATTORNEY’S FEES: $1,625.00, which is 25% of the gross settlement 

BALANCE OF PROCEEDS: $2,425.95 

DISCUSSION: 

Petitioner requests $449.05 in costs, which is evidently 50 percent of the combined costs incurred in Claimant’s case together with the case of Shannon Lavehim, another passenger in the car.  Counsel’s declaration refers to “filing fees and expenses” but does not specify the amounts for particular cost items.  Petitioner should provide more specific information about the costs. 

The Court denies the petition without prejudice.