Judge: Michael Shultz, Case: 23CMCV00307, Date: 2023-05-04 Tentative Ruling
Case Number: 23CMCV00307 Hearing Date: May 4, 2023 Dept: A
23CMCV00307
Antoinette Bruner, et al. v. The Estate of Tarance Taray Burrell, et al.
Thursday,
[TENTATIVE]
ORDER
This is a
wrongful death action brought by the spouse and children of Rafeal Bruner, who
was killed while a passenger in a vehicle driven by Defendant. Petitioner,
Antoinette Bruner, is the surviving spouse of decedent and mother of Aubree
Bruner (age 3) and Aaliyah Bruner (age 1). Petitioners, by and through their
Guardian ad Litem, Antoinette Bruner, have settled their wrongful death claims
for $5,000 for each minor and $5,000 to decedent’s estate. The driver’s
insurance policy was limited to $15,000. (Decl. of Mitchell Beck.)
A minor’s
settlement is valid if approved by the court after a hearing. (Prob. Code, §§3505, 3500.) From each minor’s settlement, Plaintiffs’ counsel will deduct costs
of $358.33 and attorney’s fees of $1,250 (25%), leaving a net settlement amount
of $3,391.67. The Court finds that the request for attorney’s fees is
reasonable based on Plaintiff’s counsel’s declaration and the factors relevant
to that determination such as “the nature of the litigation, its
difficulty, the amount involved, the skill required in its
handling, the skill employed, the attention given, the success or failure, and
other circumstances in the case.” (Jarman v. HCR ManorCare, Inc. (2020) 267 Cal.Rptr.3d
696 [471 P.3d 1001].) Petitioners propose to deposit
each net settlement into a blocked account as permitted by statute. (Prob. Code, § 3602 (c)(1).)
Subject to a
hearing, the Court is inclined to grant both petitions.