Judge: Lisa R. Jaskol, Case: 22STCV27748, Date: 2023-09-05 Tentative Ruling
Case Number: 22STCV27748 Hearing Date: September 5, 2023 Dept: 28
Claimant Nakara Johnson (“Claimant”) was injured when she slipped on a liquid on Defendant 99 Cents Only Stores’s premises. As a result of the incident, Plaintiff sustained injuries to her lower back, mid back, tailbone, right knee, and headaches.
This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, as long as Petitioner Naomi Johnson (“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 to be satisfied from the proceeds of the settlement.
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: $15,000.00
INJURIES: Injury to lower back, mid back, tailbone, right knee and headaches
MEDICAL EXPENSES: (1) Total medical expenses before any reductions: $ 9,699.08 (2) Total medical expenses paid (include payments by private insurance, Medi-Cal, or Medicare): ($ 93.84) (3) Total of negotiated, contractual, or statutory reductions, if any: ($ 5,068.8) (4) Total amount of medical expenses to be paid or reimbursed from proceeds: $ 4,559.9 (5) Total amount of statutory or contractual liens, if any: $ 70.38
COSTS: $1,212.53
ATTORNEY’S FEES: $3,750.00, which is 25% of the gross settlement
BALANCE OF PROCEEDS: $5,407.19
DISCUSSION:
Petitioner has submitted a completed packet with all applicable attachments. The Court grants the petition.
Petitioner requests that the Court deposit the net balance in an insured account at Citizens Business Bank, El Segundo Business Financial Center, 275 Main Street, El Segundo, CA 90245. The Court orders the net balance so distributed.
The Court sets an OSC Re: Deposit of Net Balance Into Blocked Account on November 9, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.