Judge: Lynette Gridiron Winston, Case: 23PSCV01466, Date: 2025-05-22 Tentative Ruling

Case Number: 23PSCV01466    Hearing Date: May 22, 2025    Dept: 6

CASE NAME:  Jayden Arredondo by His Guardian Ad Litem Lindsey Lopez v. El Monte School District, et al. 

Petitioner Lindsey Lopez’s Expedited Petition for Minor’s Compromise 

TENTATIVE RULING 

The Court conditionally GRANTS Petitioner Lindsey Lopez’s expedited petition for minor’s compromise on the condition that Petitioner submits a revised expedited petition addressing the issue with paragraph 10 discussed herein before the May 22, 2025 hearing. Upon timely submission of the revised expedited petition, the Court will sign the proposed orders. 

Petitioner is ordered to provide notice of the Court’s ruling and file proof of service of same within five days of the Court’s order. 

BACKGROUND 

This is a personal injury case. On May 15, 2023, plaintiff/claimant Jayden Arredondo (Claimant) by his guardian ad litem Lindsey Lopez (Petitioner) filed this action against defendants El Monte School District (El Monte), Principal Gerardo Yepez (Yepez) (collectively, Defendants), and Does 1 to 50, alleging causes of action for general negligence and premises liability. 

On April 1, 2025, Petitioner filed an expedited petition for minor’s compromise. 

LEGAL STANDARD

Court approval is required for all settlements of a minor's claim or that of a person lacking the capacity to make decisions. (Prob. Code, §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337.) "[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor's best interests . . . . [I]ts primary concern is whether the compromise is sufficient to provide for the minor's injuries, care and treatment." (Goldberg v. Superior Court (1994) 23 Cal.App.4th 1378, 1382.)

A petition for court approval of a compromise under Code of Civil Procedure section 372 must comply with California Rules of Court Rules 7.950, 7.951, and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has "any bearing upon the reasonableness" of the compromise or the covenant. (Cal. Rules of Court, rule 7.950.) The person compromising the claim on behalf of the person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952(a).) An order for deposit of funds of a minor or person lacking decision-making capacity and a petition for the withdrawal of such funds must comply with California Rules of Court Rules 7.953 and 7.954. (Cal. Rules of Court, rule 3.1384; see also Super. Ct. L.A. County, Local Rules, rules 4.115-4.118.)

DISCUSSION

Form MC-350 (Rev. January 1, 2021)

The expedited petition has been verified by Petitioner and presented on a fully completed mandatory Judicial Council Form MC-350EX, using the current January 1, 2021 revision. (Cal. Rules of Court, rule 7.950.5, subd. (a).) 

Settlement 

Claimant has agreed to settle his claims with Defendant El Monte in exchange for $10,000.00, $4,331.58 of which will go to Claimant. If approved, $2,500.00 will be paid in attorney fees, $2,277.18 will be paid for reimbursement of litigation costs advanced by Claimant’s attorneys, and $891.24 will be paid to Medi-Cal for medical expenses, leaving a balance of $4,331.58 for Claimant, to be deposited into one or more financial institutions in this state, subject to withdrawal only on authorization of the Court. 

Court approval is required for all settlements of a person with a disability. (Probate Code, §§ 3600, et seq.; Code Civ. Proc., § 372.) The Court has reviewed the proposed settlement and does not find the expedited petition contains a full disclosure of all information that has any bearing upon the reasonableness of the settlement amount to Claimant. 

Attorney's Fees 

The retained attorney’s information has been disclosed as required by Rule of Court 7.951. (Expedited Petition, ¶ 14, subd. (a).) There is an agreement for services provided in connection with the underlying claim. (Expedited Petition, ¶ 14, subd. (a), Attach. 14.) A copy of the agreement was submitted with the expedited petition as strictly required by Rule 7.951, subdivision (6), of the California Rules of Court. (Expedited Petition, Attach. 14.) 

Claimant’s counsel seeks to recover $2,500.00 in attorney fees. (Expedited Petition, ¶ 14, subd. (a).) Counsel provided a declaration addressing the reasonableness of the fee request, as required by Rule 7.995, subdivision (c), of the California Rules of Court, accounting for the factors specified in subdivision (b) of Rule 7.995. (Cal. Rules of Court, rule 7.995, subd. (b).) Rule 7.955, subdivision (b), provides: 

(b) Factors the court may consider in determining a reasonable attorney's fee. In determining a reasonable attorney's fee, the court may consider the following nonexclusive factors:

(1) The fact that a minor or person with a disability is involved and the circumstances of that minor or person with a disability.

(2) The amount of the fee in proportion to the value of the services performed.

(3) The novelty and difficulty of the questions involved and the skill required to perform the legal services properly.

(4) The amount involved and the results obtained.

(5) The time limitations or constraints imposed by the representative of the minor or person with a disability or by the circumstances.

(6) The nature and length of the professional relationship between the attorney and the representative of the minor or person with a disability.

(7) The experience, reputation, and ability of the attorney or attorneys performing the legal services.

(8) The time and labor required.

(9) The informed consent of the representative of the minor or person with a disability to the fee.

(10) The relative sophistication of the attorney and the representative of the minor or person with a disability.

(11) The likelihood, if apparent to the representative of the minor or person with a disability when the representation agreement was made, that the attorney's acceptance of the particular employment would preclude other employment.

(12) Whether the fee is fixed, hourly, or contingent.

(13) If the fee is contingent:

(A) The risk of loss borne by the attorney;

(B) The amount of costs advanced by the attorney; and

(C) The delay in payment of fees and reimbursement of costs paid by the attorney.

(14) Statutory requirements for representation agreements applicable to particular cases or claims. 

(Cal. Rules of Court, rule 7.995, subd. (b).) The Court will address each of these factors below. 

Amount of Fee in Proportion to Value of Services Performed 

Claimant’s counsel indicates that the requested fees are reasonable in that they only comprise 25% of the gross recovery. (Booker II Decl., ¶ 3.) 

Novelty and Difficulty 

Claimant’s counsel does not address this factor. (See generally, Booker II Decl.) 

Amount Involved and Results Obtained 

Claimant’s counsel does not address this factor. (See generally, Booker II Decl.) 

Nature and Length of Professional Relationship 

Claimant’s counsel indicates having represented Claimant in this matter since May 1, 2022. (Booker II Decl., ¶ 5.) 

Experience, Reputation, and Ability of Counsel 

Claimant’s counsel indicates his firm’s expertise in significantly reducing medical costs to allow for direct reimbursement. (Booker II Decl., ¶ 3.) 

Time and Labor Required 

Claimant’s counsel indicates having worked on this matter since May 1, 2022, that they handled settlement negotiations, that they assisted with medical treatment arrangements, and that they assisted with negotiating Claimant’s medical bills. (Booker II Decl., ¶ 5.) 

Acceptance of Case Precluding Other Employment 

Claimant’s counsel does not address this factor. (See generally, Booker II Decl.) 

Contingent Fee 

Claimant’s counsel indicates that the fee is contingent upon recovery, creating a risk for counsel through costs advanced and time spent fully comprehending and preparing the petition. (Booker II Decl., ¶ 3.) 

The Court finds that Plaintiff’s counsel has adequately demonstrated the reasonableness of the fee award in light of the factors and circumstances in this case. 

Medical Bills 

Claimant’s total medical expenses before any reductions is $10,494.72, $9,306.40 in total medical expenses paid, $297.04 in reductions, leaving $891.24 to be reimbursed from the proceeds. (Expedited Petition, ¶ 13, subd. (a).) 

Costs 

Claimant’s counsel seeks to recover $2,277.18 in costs. (Expedited Petition, ¶ 14, subd. (b), Attach. 14b.) 

Amount to Be Paid to Claimant 

The net amount to be paid to Claimant is $4,331.58. (Expedited Petition, ¶ 17.) 

Disposition of Balance of Proceeds 

Petitioner requests that the net proceeds, $4,331.58, be deposited into one or more financial institutions in this state, subject to withdrawal only on authorization of the Court. (Expedited Petition, ¶ 19, subd. (b)(2).) 

Court Appearance 

Rule 7.952 of the California Rules of Court requires attendance by the petitioner and claimant unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952.) The Court finds that the appearance of Claimant is not required due to the nature of his minority status, but the Court will still require Petitioner’s appearance. 

Prognosis 

Claimant has fully recovered completely from the effects of his injuries. (Expedited Petition, ¶ 9, subd. (a).) 

Paragraph 10 

The Court notes that Petitioner did not tick the box for paragraph 10 of the expedited petition indicating that Petitioner has conducted an adequate investigation into the facts of this case and understands the effect the proposed compromise will have on Claimant’s claims even if the injuries are worse than they now appear. (Expedited Petition, ¶ 10.) The Court directs Petitioner to submit a revised expedited petition correcting this issue. The expedited petition is otherwise properly completed. 

Proposed Order MC-351 

Petitioner has filed a Proposed Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability on Form MC-351 for the Claimant. 

Proposed Order MC-355 

Petitioner has also filed a Proposed Order to Deposit Funds in Blocked Account on Form MC-355 for the Claimant. 

Based on the foregoing, the Court conditionally GRANTS Petitioner Lindsey Lopez’s expedited petition for minor’s compromise on the condition that Petitioner submits a revised expedited petition that ticks the box for paragraph 10 as noted above. Upon submission of the revised and corrected expedited petition, the Court will sign the proposed orders. 

CONCLUSION 

The Court conditionally GRANTS Petitioner Lindsey Lopez’s expedited petition for minor’s compromise on the condition that Petitioner submits a revised expedited petition addressing the issue with paragraph 10 discussed herein before the May 22, 2025 hearing. Upon timely submission of the revised expedited petition, the Court will sign the proposed orders. 

Petitioner is ordered to provide notice of the Court’s ruling and file proof of service of same within five days of the Court’s order.