Judge: Lisa R. Jaskol, Case: 23STCV22480, Date: 2024-12-11 Tentative Ruling
Case Number: 23STCV22480 Hearing Date: December 11, 2024 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On September 18, 2023, Plaintiff Damian Rodriguez, a minor, by and through his guardian ad litem Ruben Rodriguez, filed this action against Defendants 7-Eleven, Inc., Navjot Kaur, Onkar Singh, and Does 1-25 for general negligence and premises liability.
On September 25, 2023, the Court appointed Ruben Rodriguez to serve as guardian ad litem for Plaintiff Damian Rodriguez.
On December 22, 2023, Defendant 7-Eleven, Inc. filed an answer. On February 9, 2024, Defendants Navjot Kaur and Onkar Singh filed an answer.
On October 14, 2024, Petitioner Ruben Rodriguez (“Petitioner”) filed a petition to approve the compromise of minor Plaintiff Damian Rodriguez’s action.
Trial is currently scheduled for March 17, 2025.
PETITIONER’S REQUEST
Petitioner asks the Court to approve the compromise of the pending action of minor Plaintiff Damian Rodriguez (“Plaintiff”).
DISCUSSION
The petition provides the following information:
Gross settlement amount: $60,000.00
Total medical expenses: $3,898.19
Medical expenses paid: $648.19
Reductions: $412.04
To be paid/reimbursed from proceeds: $3,486.15
Liens: $3,486.15
Attorney’s fees: $24,000.00
Costs: $2,836.97
Net balance: $29,676.88
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 $18,000.00.
With the attorney’s fee award reduced to $18,000.00, the net settlement amount is increased to $35,676.88. The Court grants the petition with the modified attorney's fee award and net settlement amount. (In addition, the amount listed in Section 12(b)(4)(c) of the petition should be $486.15, not $486.16, but the error does not affect the Court's ruling.)
At Petitioner's request, $5,000.00 of the settlement funds will be delivered to Petitioner (who is Plaintiff's parent) at 1123 S. Ferris Ave., Los Angeles, CA 90022. The remaining net balance is to be deposited in a blocked account at US Bank, Pomona Branch, 101 Mission Blvd., Pomona CA 91766.
The Court orders Plaintiff to file a notice of settlement.
CONCLUSION
The Court GRANTS the petition to approve the compromise of minor Plaintiff Damian Rodriguez’s action filed by Petitioner Ruben Rodriguez on October 14, 2024 as modified (1) to reduce the attorney fee award from $24,000.00 to $18,000.00 and (2) to increase the net settlement amount from $29,676.88 to $35,676.88.
The Court orders that $5,000.00 of the net settlement amount be paid or delivered to Ruben Rodriguez at 1123 S. Ferris Ave., Los Angeles, CA 90022 without bond, on the terms and under the conditions specified in Probate Code sections 3401–3402.
The remaining net settlement amount ($30,676.88) is to be deposited in insured accounts at US Bank, Pomona Branch, 101 Mission Blvd., Pomona CA 91766, subject to withdrawal only on authorization of the Court.
The Court orders Plaintiff to file a notice of settlement.
The Court sets an Order to Show Cause Re: Proof of Deposit is scheduled for 02/28/2025 at 08:30 AM in
Department 28 at 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.