Judge: Michael P. Linfield, Case: 22STCV35483, Date: 2023-05-05 Tentative Ruling

Case Number: 22STCV35483    Hearing Date: May 5, 2023    Dept: 34

SUBJECT:         Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability

Moving Party:  Plaintiff/Guardian ad Litem Omunique Patton

Resp. Party:    None

Plaintiff/Guardian ad Litem Omunique Patton’s Petition is GRANTED on the condition that no attorney’s fees or costs are to be subtracted from the $5,000.00 awarded to the minor.

BACKGROUND:

On November 8, 2022, Plaintiffs Omunique Patton and Kanyla Patton filed their Complaint against Defendant Hooshmand Soofer regarding causes of action arising during Plaintiffs’ lease with Defendant.

On November 10, 2022, the Court appointed Plaintiff Omunique Patton as the guardian ad litem for Plaintiff Kanyla Patton.

On February 23, 2023, Defendant filed his Answer.

On April 3, 2023, Plaintiff/Guardian ad Litem Omunique Patton filed MC-350, Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability. Plaintiff/Guardian ad Litem concurrently filed MC-351 (Proposed Order).

No opposition or other response has been filed.

ANALYSIS:

I.                    Legal Standard

“The guardian or conservator of the estate or guardian ad litem so appearing for any minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the ward or conservatee, and to satisfy any judgment or order in favor of the ward or conservatee or release or discharge any claim of the ward or conservatee pursuant to that compromise. . . .” (Code Civ. Proc., § 372, subd. (a)(3).)

“A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with rules 7.950 or 7.950.5, 7.951, and 7.952.” (Cal. Rules of Court, rule 3.1384, subd. (a).)

“A petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor's disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).” (Cal. Rules of Court, rule 7.950.)

“In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.” (Cal. Rules of Court, rule 7.955, subd. (a)(1).)

“The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.”

“A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” (Cal. Rules of Court, rule 7.955, subd. (c).)

II.        Discussion

Plaintiff/Guardian ad Litem petitions the Court for approval of a compromise that includes Plaintiff Kanyla Patton, who is a ten-year-old minor. A form MC-350 has been filed.

Among other things, the Gross Settlement Amount is $37,500.00, which consists of $32,500.00 to Plaintiff/Guardian ad Litem Omunique Patton and $5,000.00 to Plaintiff Kanyla Patton. According to the Attachment for Items 11b(6) and 13, the larger settlement for the adult is because the minor only suffered emotional distress while the adult suffered other economic losses.

According to the attached Attorney-Client Retainer Agreement, if clients prevail, then a contingency fee is taken after costs are assessed. The percentage of attorney’s fees to be assessed from the adult is 40% while the percentage for the minor is 25%. According to Attachment 10C, this would leave the adult with a net settlement amount of $19,023.50 and the minor with a net settlement amount of $3,658.36.

        Pursuant to Code of Civil Procedure section 372 and California Rules of Court, rules 7.950 and 7.955, the Court finds that the Compromise is generally reasonable and that the applicable procedures have been followed.

        The Court will grant the petition with the following change: Plaintiffs’ attorneys are not to assess any attorney’s fees or costs against the funds allotted to the minor, Kanyla Patton. In other words, the minor is to receive the full $5,000.00 awarded.

        With the above change, the Court GRANTS the Petition.

III.             Conclusion

Plaintiff/Guardian ad Litem Omunique Patton’s Petition is GRANTED on the condition that no attorney’s fees or costs are to be subtracted from the $5,000.00 awarded to the minor.