Judge: Michelle C. Kim, Case: 21STCV30090, Date: 2023-10-25 Tentative Ruling
Case Number: 21STCV30090 Hearing Date: January 31, 2024 Dept: 31
DEPT: | 31 |
HEARING DATE: | 01/31/2024 |
CASE NAME/NUMBER: | 21STCV30090 PETER YORCK, et al. vs SHAHRAD MIZRAHI, et al. |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | Lillian Yorck, Age 3 |
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.¿
The Court previously reviewed the Petition to Approve Compromise for the settlement between Plaintiffs and Defendants and found it fair and reasonable. The Court also found the attorney’s fees in the amount of 25% for Claimant’s settlement to be fair and reasonable.
Thereafter, Claimant settled with Claimant’s Underinsured Motorist (UIM) Carrier, USAA, for the difference between the coverage limit and the previously approved settlement, in the amount of $60,000. If the UIM settlement is approved, $15,000 will be used for attorney’s fees, and $3,500 will be used for medical expenses. The net balance of $41,500 will be deposited into a blocked account.
Petitioner has now filed a petition on MC-350 instead of MC-350EX, per the Court’s last order.
The Court reviews the settlement and finds it fair and reasonable.¿The Court also finds the attorney’s fees fair and reasonable, in that it amounts to 25% of Claimant’s settlement.
Based on the foregoing, the petition filed on January 4, 2024 is GRANTED.
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.