Judge: Mark A. Young, Case: 19STCV02006, Date: 2022-08-25 Tentative Ruling

Case Number: 19STCV02006    Hearing Date: August 25, 2022    Dept: M

CASE NAME:           Dehey, et al., v. The Point at Beverly Hills Inc., et al.

CASE NO.:                19STCV02006

MOTION:                  Motion to Confirm Minors’ Compromise

HEARING DATE:   8/25/2022

Analysis

Settlement

Total Gross Settlement: $275,000.00

Terms:

Quality Control Restoration will pay Plaintiffs $15,000;

The Point, Barber, and LP Property Management will pay Plaintiffs a total sum of $260,000;

All parties will issue mutual releases;

Once settlement payment is received, Dismissals with Prejudice will be filed as to the entire case, including the Complaint and Cross-Complaints and all causes of action.

Adults:                       

Minors:

Injuries 

Ryker experienced exacerbated asthma and allergies. He had medical visits related to his allergies and asthma.

Costs

Fees

Total fee: $17,586.65.

Counsel provides a fee declaration in support of the 25% contingent fee. (CRC Rule 7.955(c).) Counsel provides a copy of retainer agreement, though the agreement only pertains to Ms. Dehey.

Net Settlement

Method of Delivery

Petitioner is the guardian of the minor, and requests authority to deposit or invest                                      the $48,413.35 in an insured account with Chase Bank (6300 Van Nuys Blvd Van Nuys, CA 91401) subject to withdrawal only on authorization of the court.

TENTATIVE RULING

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. The Court finds that the settlement is reasonable, and based thereon, approves and GRANTS the petition. 

The Court has considered the Declaration of counsel and GAL in support of the fee request. 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. Accordingly, the Court approves the distribution of the settlement proceeds as set out in the motion. 

THE COURT SETS AN OSC RE PROOF OF DEPOSIT/PURCHASE OF ANNUITY ON ____________________.  No appearance required if receipt filed. 

Moving party is ordered to give notice.