Judge: Michael Shultz, Case: 22STCV34677, Date: 2023-08-17 Tentative Ruling
Case Number: 22STCV34677 Hearing Date: November 3, 2023 Dept: A
22STCV34677 Orianthi Katalea Perez, a minor v. St. Francis Medical Center
Friday, November 3,
[TENTATIVE] ORDER (CONDITIONALLY)
The Claimant, through her Guardian ad Litem, Ivett Hita, commenced this action on September 10, 2020, alleging that Plaintiff sustained fractures to the left femur and right arm while in the care of Defendant, St. Francis Medical Center. Plaintiff alleged one cause of action for medical negligence.
The parties agreed to settle the claim in Claimant’s favor for $110,000. If approved, the net settlement amount of $66,841.61 after deduction for attorney’s fees of $22,564.82 and costs of $19,740.41 will be deposited into a blocked account subject to withdrawal only upon authorization of the court. The Court has reviewed the Amended Petition for Approval filed October 12, 2023. Plaintiff has cured the defects articulated in the Court’s order of September 13, 2023.
Item 8.a. Petitioner has provided a doctor’s report. No further intervention is needed although Petitioner has limited forearm rotation.
Item 9. Petitioner attests to making careful and diligent inquiry into the facts and circumstances and is advised that Claimant will not be able to recover any more compensation if the Petition is approved.
Item 12.b. (4) Petitioner provides a copy of the Medi-Cal lien letter agreeing to accept $853.16 to settle its lien.
Item 13 Claimant’s counsel, Jorge Ledezma, provides a declaration explaining the basis for the fee request, which amounts to 20.5 percent of the gross settlement, which is less than the 25 percent contractual fee, which the Court finds is a reasonable fee. (Cal. Rules of Court, 7.955 (b), (c).) Counsel includes the retainer agreement.
Item 17.f indicates that Claimant’s counsel does not expect to receive attorney’s fees in addition to that requested in the petition.
Item 18.b.(2). Counsel provides an attachment identifying the name, branch, and address of the depository.
Petitioner lodged a proposed Order Approving Compromise. Petitioner is ordered to lodge a proposed Order to Deposit Funds into Blocked Account (MC-355).
Based on the foregoing, and subject to hearing from the parties, the Court is inclined to GRANT the petition.