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 Emily Gavoutian (“Claimant”), by and through her guardian ad litem, has agreed to settle her claims against Defendant for the total amount of $15,000. If the settlement is approved, $995.50 will be used for medical expenses, $3,750 for attorneys’ fees, and $599.50 will be used for costs.   

However, the petition filed on November 8, 2023 is denied for the following reasons: 

First, there is a discrepancy in the calculations. Petitioner accurately totals the expenses and fees sought from Claimant’s settlement as $5,345. However, $15,000 less $5,345 equates to the net settlement of $9,655, not $10,650.50 as provided. The Court is unclear as to whether there is an error on one of the expenses sought, or if the total net settlement is intended to be of a lesser value than stated. Petitioner, through counsel, must submit a new petition and correct any fee request or calculation errors.  

Second, there are necessary Attachments absent from the petition. Because Medi-Cal paid Claimant’s medical expenses, Petitioner must attach a copy of the final Medi-Cal demand letter or letter agreement as Attachment 13c(2). Additionally, Petitioner must provide Attachment 14a (declaration from attorney explaining basis for the fee request, including a discussion of all applicable factors listed in CRC, rule 7.955(b)), and Attachment 14a (copy of the written attorney fee agreement.) 

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Petitioner must reserve a new date and file a new petition curing the above-noted defects at least 9 court days before the continued hearing date. 

Moving party is ordered to give notice.