Judge: Michelle C. Kim, Case: 21STCV19816, Date: 2024-03-11 Tentative Ruling
Case Number: 21STCV19816 Hearing Date: March 11, 2024 Dept: 31
DEPT: | 31 |
HEARING DATE: | 03/11/2024 |
CASE NAME/NUMBER: | 21STCV19816 ABDUL THOMPSON, et al. vs ALEJANDRO BERNAL BENGE |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | Dale Thompson, Age 13 |
RECOMMENDATION: | DENY |
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.¿
Plaintiffs have agreed to settle their claims against Defendant for the total amount of $22,000, with $4,000 being apportioned to Dale Thompson (“Claimant”). If the settlement is approved, $1,000 will be used for attorneys’ fees. The net balance of $3,000 will be delivered to Ashleigh Thompson, the parent of Claimant.
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The petition filed on January 25, 2024 is denied for the following reasons:
Because Petitioner is seeking a portion of Claimant’s settlement to be used for attorney fees, Petitioner must provide Attachment 14a (declaration from attorney explaining basis of request, including discussion of applicable factors in CRC, rule 7.955(b).) Additionally, a copy of the written attorney fee agreement must be provided in Attachment 14a.
Lastly, because the attorney is representing another party involved in this matter, Item 18 requires an Attachment 18a (identifying each party and explaining the relationship.).
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.