Judge: Michelle C. Kim, Case: 20STCV23658, Date: 2023-11-28 Tentative Ruling
Case Number: 20STCV23658 Hearing Date: March 19, 2024 Dept: 31
DEPT: | 31 |
HEARING DATE: | 03/19/2024 |
CASE NAME/NUMBER: | 20STCV23658 GERTEL DAVIS, et al. vs ACSB, LLC |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | GERTEL DAVIS, Age 81 |
RECOMMENDATION: | GRANT |
TENTATIVE¿
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The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.¿
Plaintiff/Claimant Gertel Davis (“Claimant”) agreed to settle her claims against Defendant for the total amount of $125,000. If the settlement is approved, $41,250 will be used for attorneys’ fees, and $6,163.44 will be used for costs.
The net balance of $77,586.56 will be apportioned as follows: (1) $57,586.56 to be deposited into a blocked account, and (2) $20,000 to be held in a checking account at Wells Fargo for the sole purpose of purchasing items for Claimant’s living environment at a withdrawal rate of no more than $500 a month.
The Court reviews the settlement and finds it fair and reasonable.¿The Court also finds the attorney’s fees fair and reasonable, in that Counsel’s declaration properly supports the request of 33% of Claimant’s settlement.
The Court sets an OSC Re Proof of Deposit on ___________________in Department SS-31 at 8:30 AM. No appearance required if receipt is filed in advance.
Moving party is ordered to give notice.