Judge: Michelle C. Kim, Case: 19STCV23816, Date: 2023-04-12 Tentative Ruling

Case Number: 19STCV23816    Hearing Date: April 12, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

            Plaintiffs Boston Johnson, Kash Johnson (“Kash”), a minor by and through their guardian ad litem, Leon Johnson (“Petitioner”), and co-plaintiffs Taj Dasean Porch, individually and as heir of Leah Nealeigh (“Decedent”), and Makyla Saulsberry filed this action against Defendants Hambone’s BBQ & Po Boys, Inc.; Kenneth D. Hamilton; Andrea Hamilton; Daryl Jamaal Hamilton (“Daryl”); and Ashraf Kamal Kamel Khalil (“Khalil”) for negligence, negligence per se, negligent entrustment of motor vehicle, wrongful death, and survival arising from a motor vehicle accident that occurred on or about June 16, 2018.  Plaintiffs allege Daryl failed to yield to Khalil’s vehicle, Daryl’s vehicle collided with Khalil’s vehicle, and Khalil’s vehicle drove onto the sidewalk where Decedent was standing as a pedestrian, causing Decedent great bodily injury and ultimately her death. 

Petitioner now moves for an order approving compromise of claim pertaining to Kash.  As a result of the accident, Kash suffered the loss of their mother.

All plaintiffs have agreed to settle all claims with Defendants for a total amount of $115,000.00, to be split equally amongst the four plaintiffs.  Kash will thus receive $28,750.00, as will each other plaintiff.  If the settlement for Kash is approved, $7,187.50 will be used for attorney fees and $266.96 for costs.  The net balance of $21,295.54 will be deposited into a blocked account.

            The Court has reviewed the settlements and finds them fair and reasonable.  The Court also finds the amount of attorney’s fees requested from each claimant, which constitutes 25% of the gross settlement amount, is reasonable.

The Court has one minor concern.  In paragraph 17 Petitioner indicates Counsel does not expect to receive attorney fees other than those requested in the instant petition.  This appears to be a mistake as Counsel is representing all Plaintiffs in this action.  The Court wishes to know the total attorney fees counsel expects to receive from Kash and the other Plaintiffs.  Petitioner must submit an amended petition with ¶ 17 filled out prior to or at the hearing.   

Pursuant to CRC 7.952, Claimant and Petitioner must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance.  The Court finds Kash’s age constitutes good cause to excuse their appearance.  Petitioner only is required to appear; Petitioner is encouraged to appear remotely.  If the Court is satisfied with Petitioner’s testimony, and it receives an amended petition with the information detailed above, the Court will grant the petition.

Petitioner is ordered to give notice.

PLEASE TAKE NOTICE: 

·       Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

·       If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.   

·       Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.   

·       If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 12^th day of April 2023