Judge: Lynne M. Hobbs, Case: 21STCV22891, Date: 2023-08-15 Tentative Ruling

Case Number: 21STCV22891    Hearing Date: February 9, 2024    Dept: 30

DAEISHA STEVENS, et al. vs PREMIER EMERGENCY PHYSICIANS OF CALIFORNIA MEDICAL GROUP, et al.

TENTATIVE

The Court has reviewed the Petitions to Approve Minor and Adult with a Disability’s Compromise (KP, age 16, and Decole Snowball). The Court finds the settlement is reasonable, and based thereon, approves and GRANTS the petition as to KP only.

However, the following defect precludes the granting of Decole’s petition at this time:

The Court has considered the declaration of counsel in support of 40% fee request for Decole. 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. The Court must apply a reasonable fee standard in approving attorney’s fees in a minor’s compromise petition. (Cal. Rules of Court, Rule 7.955(a).) The Court finds that 25% in attorney’s fees for a minor’s compromise petition is more than reasonable, unless a higher award can be justified. Here, there are no atypical actions by Counsel to justify a higher award.

Therefore, the Court approves the following distribution of the settlement proceeds:

Decole Snowball

Attorney’s fees (25%) $25,000

Medical Expenses $11,567.57

Costs $3,000

Total fees and costs $39,567.57

Total Settlement $100,000

Less costs $39,567.57

Net settlement $60,432.43

Accordingly, the matter is CONTINUED 60 days at 1:30 p.m. in Department SS-30. Counsel is ordered to correct the defects by filing a corrected proposed order for Decole with the above distribution.

THE COURT SETS AN OSC RE PROOF OF DEPOSIT (FOR KP) IN 60 DAYS IN DEPARTMENT SS-30 AT 8:30 AM. No appearance required if receipt filed.

Moving party is ordered to give notice.