Judge: Lisa R. Jaskol, Case: 22STCV32699, Date: 2024-12-09 Tentative Ruling

Case Number: 22STCV32699    Hearing Date: December 9, 2024    Dept: 28

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

BACKGROUND 

On October 5, 2022, Plaintiff Beau Anthony Bucher (“Plaintiff”), a minor by and through his guardian ad litem Araseli Bucher, filed this action against Defendants Thomas Ray Allen, Amber Regina Ellis, and Does 1-50 for strict liability, statutory liability–dog bite statute, and negligence. 

On October 14, 2022, the Court appointed Araseli Bucher to serve as Plaintiff’s guardian ad litem. 

On October 12, 2023, Plaintiff filed a notice of settlement. 

On October 23, 2024, Petitioner Araseli Bucher (“Petitioner”) filed a petition to approve the compromise of Plaintiff’s action.  The petition was set for hearing on December 9, 2024. 

No trial date is currently scheduled. 

PETITIONER’S REQUEST 

Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Beau Anthony Bucher. 

DISCUSSION 

The petitions provide the following information: 

Gross settlement amount:                              $500,000.00

Total medical expenses:                                 $36,882.77

Medical expenses paid:                                  $12,831.07

Reductions:                                                    $3,460.06

          To be paid/reimbursed from proceeds:            $8,971.49

          Liens:                                                             $8,971.49

          Attorney’s fees:                                             $166,666.66

          Costs:                                                             $2,241.61

          Net balance:                                                   $322,120.24

 Section 12a(1) of the petition states that total medical expenses were $36,882.77.  Section 12a(3) of the petition states that the total medical expenses were reduced by $3,460.06.  This should mean that the remaining amount ($33,422.71) will be paid or reimbursed from the settlement proceeds.  However, Section 12a(4) of the petition states that only $8,971.49 of the medical expenses will be paid or reimbursed from the settlement proceeds.  This leaves $24,451.22 in medical expenses that are unaccounted for.  The Court cannot approve a petition unless it shows that all medical expenses that have not been waived or reduced will be paid or reimbursed from the settlement proceeds. 

Although Section 12a(3) states that total medical expenses were reduced by $3,460.06, Section 12b(5)(b) lists a $11,621.15 reduction by Kaiser.  Petitioner should make sure that the reduction figure in Section 12a(3) includes all reductions of medical expenses. 

The proposed order states that $7,531.40 is to be paid to The Rawlings Company.  The petition, however, does not contain any letter or other paperwork from The Rawlings Company discussing its payment of medical expenses or request for reimbursement. 

The petition requests $166,666.66 in attorney’s fees. 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 $150,000.00. 

The Court denies the petition. 

CONCLUSION 

The Court DENIES without prejudice the petition to approve the compromise of minor Plaintiff Beau Anthony Bucher’s action filed by Petitioner Araseli Bucher on October 23, 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.