Judge: Lynne M. Hobbs, Case: 20STCV32461, Date: 2023-08-08 Tentative Ruling

Case Number: 20STCV32461    Hearing Date: March 8, 2024    Dept: 30

KAYLEE FRANCO, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM, et al. vs LISA WISCOMBE

TENTATIVE

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor (Kaylee Franco, Age 16). The Court finds the following defects preclude the granting of the petition at this time:

(1) The Court has considered counsel’s most recent declaration, and the Court finds that on the current record, and in consideration of the factors set forth in Cal Rules of Court, Rule 7.955(b), a fee of 25% of the gross settlement is reasonable.

(2) There is no reduction agreement from Orthopaedic Institution for Children.

(3) Medical expenses listed total $18,065.86, which is $57.93 more than the total listed, $18,007.93. $57.93 is also the amount listed for medical expenses from Orthopaedic Institution for Children, for which there is no reduction agreement filed.

(4) Costs have not been listed on the proposed order.

(5) $57.93 in medical expenses from Medi-Cal is not listed on the proposed order.

(6) It is unclear what costs are attributable to Linder Consulting Group, Apex DME, and Litigation Services.

Accordingly, the petition is CONTINUED for 60 days in Department 30 at Spring Street. Counsel is ordered to file a new petition, proposed order, and order to deposit into blocked account, correcting all of the errors identified here.

Moving party to give notice.