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 $20,500, with $500 being apportioned to Avery Pleeter (“Claimant”). If the settlement is approved, $52.27 will be used for medical expenses and $200 for attorneys’ fees.  The disposition of the net balance of $247.73 is unclear.  

The petition filed on November 28, 2023 is denied for the following reasons: 

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Item 3(g) must be completed by marking either (g)(1) or (g)(2), whichever is applicable here.  

Because Petitioner received medical treatment and is seeking reimbursement for medical treatment from Claimant’s proceeds, Petitioner must provide a copy of Claimant’s records concerning the injuries. (See Item 9.) Further, the latest statements from all medical service providers must be attached as Attachment 13g. None were provided.  

Attachment 14a (a declaration from the attorney explaining the basis for the request, including a discussion of applicable factors listed in rule 7.955(b) of the Cal. Rules of Court) and a copy of the written attorney fee agreement as Attachment 14a are absent from the petition.  

Petitioner requests 40% of Claimant’s proceeds to be used for attorney’s fees. The Court is not inclined to award attorney fees here in excess of 25%, especially considering the low value of Claimant’s apportionment, absent actual evidence of extraordinary efforts on the part of counsel. The Court asks counsel to consider reducing the fee in connection with the amended petition.  

Item 18(a) is not completed.  

Item 18(b) is intended for Petitioner to disclose whether the attorney is expected to receive attorney’s fees in addition to that requested in the petition (i.e. disclose any payment by parties to the action other than Claimant). Petitioner states “Avery,” who is the Claimant in this petition. 

Petitioner does not properly indicate the disposition of the balance on Item 19. Petitioner must mark either Item 19(a) or 19(b), and mark the appropriate subitem. There is no evidence that there exists a guardianship of the estate of the minor for Item 19(a)(1) to be appropriate. Petitioner, through the assistance of counsel, is to review Item 19 and choose the applicable disposition of Claimant’s net settlement. Petitioner is to consider whether Item 19(b)(4) may be appropriate here.  

Petitioner neither printed nor signed his name on page 7. This is required. 

Lastly, on the amended petition, Petitioner’s counsel is requested to carefully review form MC-350EX and provide all the necessary Attachments described in the petition, depending on the Item marked. Petitioner failed to provide any of the requisite attachments for the Court’s approval.  

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.