Judge: Lisa R. Jaskol, Case: 22STCV36689, Date: 2024-09-16 Tentative Ruling

Case Number: 22STCV36689    Hearing Date: September 16, 2024    Dept: 28

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

BACKGROUND 

On November 21, 2022, Plaintiffs Candida Lisseth Martinez Canales and Alice Carbajal Martinez (“Plaintiff”), a minor by and through her guardian ad litem Candida Lisseth Martinez Canales, filed this action against Defendants Isabel Moore (“Defendant”) and Does 1-20 for motor vehicle tort and general negligence. 

On November 22, 2022, the Court appointed Candida Lisseth Martinez Canales to serve as Plaintiff’s guardian ad litem. 

On April 18, 2023, Defendant filed an answer and a cross-complaint against Cross-Defendants Jocelyn Cervantes and Roes 1-20 for indemnity, comparative contribution, and declaratory relief. 

On March 1, 2024, Plaintiffs filed a notice of settlement. 

On August 13, 2024, Petitioner Candida Lisseth Martinez Canales (“Petitioner”) filed a petition for expedited approval of minor’s compromise. 

PETITIONER’S REQUEST 

Petitioner asks the Court for expedited approval of the compromise of minor Plaintiff’s action. 

DISCUSSION 

The petition contains the following information: 

Gross settlement amount:                                        $10,000.00

Total medical expenses:                                           $0

Attorney’s fees requested:                                       $4,000.00

Non-medical expenses:                                            $0

Net balance:                                                             $6,000.00

 Section 14a of the petition asks for attorney’s fees of $4,000.00, which is 40 percent of the gross settlement amount.  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 awards attorney’s fees of $3,000.00.  As a result, the net settlement amount will be $7,000.00. 

The net settlement amount of $7,000.00 will be deposited in insured accounts in Wells Fargo, 141 W. Adams Boulevard, Los Angeles, California 90007, subject to withdrawal only on authorization of the court. 

The Court grants the petition as modified, subject to Petitioner’s submission of an amended order showing an attorney's fee award of $3,000.00 and a net settlement amount of $7,000.00. 

CONCLUSION 

The Court GRANTS the petition for expedited approval of the compromise of minor Plaintiff Alice Carbajal Martinez’s action filed by Petitioner Candida Lisseth Martinez Canales on August 13, 2024 conditioned on Petitioner’s submission of an amended order showing an attorney's fee award of $3,000.00 and a net settlement amount of $7,000.00.  The Court orders Petitioner to deposit the net settlement amount of $7,000.00 in insured accounts in Wells Fargo, 141 W. Adams Boulevard, Los Angeles, California 90007, subject to withdrawal only on authorization of the court. 

The Court sets an OSC Re: Distribution of Net Settlement on November 20, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse. 

The Court sets an OSC Re: Dismissal of Case (Settlement) on November 20, 2024, at 8:30 a.m., in Department 28 of the Spring Street Courthouse. 

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.