Judge: Lisa R. Jaskol, Case: 22STCV27803, Date: 2023-11-22 Tentative Ruling

Case Number: 22STCV27803    Hearing Date: November 22, 2023    Dept: 28

Claimant Leonardo Carranco (“Claimant”) was bicycling down the street when Defendant Leonel Torres Jr. (“Defendant”) initiated an illegal U-turn in his vehicle and collided with Claimant. 

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, if Petitioner Maira Prudencio (“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:  $100,000.00
 INJURIES: Lower back pain, left elbow pain, right hip pain and groin pain
    MEDICAL EXPENSES:  $ 48,642.64
 COSTS:  $4,507.64
 ATTORNEY’S FEES REQUESTED:  $40,000.00 (40% of gross settlement)
 PROPOSED BALANCE OF PROCEEDS: $35,599.26

DISCUSSION: 

Petitioner has submitted a completed petition with all applicable attachments. 

The petition requests attorney’s fees of $40,000, which is 40% of the gross settlement amount. The Court has reviewed counsel’s declaration concerning the request for attorney’s fees. The Court typically does not award attorney’s fees in excess of 25% of the gross settlement in cases involving minors absent extraordinary efforts, described with particularity, by counsel. The Court reduces the attorney’s fee award to $30,000.00 (30%), leaving a net balance of $45,599.26. 

The Court approves the petition based on the new net balance of $45,599.26. 

Petitioner requests that the net balance be deposited at Bank of America, Pico-Vermont Branch, at 1232 S Vermont, Los Angeles, CA 90006. The Court orders the net balance so distributed. 

The Court sets an OSC Re: Distribution of Net Balance on December 27, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal (Settlement) on December 27, 2023 at 8:30 a.m. in Department 28 of the Spring Street Courthouse.