Judge: Michelle C. Kim, Case: 22STCV02344, Date: 2023-09-01 Tentative Ruling

Case Number: 22STCV02344    Hearing Date: January 18, 2024    Dept: 31

DEPT:  

31 

HEARING DATE: 

01/18/2024 

CASE NAME/NUMBER: 

22STCV02344 PAYTON M PERKINS, et al. vs TRAVIS THINH TOAN LE, et al. 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

  1. Iris Thompson, Age 17 

  1. James Thompson, Age 13 

  1. Amanda Duarte, Age 17 

  1. Rodolfo Duarte Jr., Age 17 

RECOMMENDATION: 

GRANT 

 

TENTATIVE¿ 

 

The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.¿¿ 

 

Plaintiffs agreed to settle their claims against Defendants, with $35,000 being apportioned to minor claimants Iris Thompson (“Iris”), $35,000 to James Thompson (“James”), $35,000 to Amanda Duarte (“Amanda”), and $15,000 to Rodolfo Duarte Jr. (“Rodolfo”).  

¿ 

If the settlement is approved for Iris, $3,227.40 will be used for medical expenses, $8,750 for attorneys’ fees, and $533.10 will be used for costs.  The net balance of $22,489.50 will deposited into a blocked account. 

 

If the settlement is approved for James, $305.38 will be used for medical expenses, $8,750 for attorneys’ fees, and $450 will be used for costs. The net balance of $25,494.62 will deposited into a blocked account. 

 

If the settlement is approved for Amanda, $1,420.42 will be used for medical expenses, $8,750 for attorneys’ fees, and $450 will be used for costs. The net balance of $24,379.58 will deposited into a blocked account. 

 

If the settlement is approved for Rodolfo, $1,000 will be used for medical expenses, $3,750 for attorneys’ fees, and $450 will be used for costs. Petitioner provides that the net balance of $9,815 will deposited into a blocked account. However, $15,000 less the expenses provided on items 17(b)-(d) equates to a net balance of $9,800, not $9,815 as provided.  

 

Because the calculation error is minor, the Court will strike $9,815 to read as $9,800, unless Petitioner’s counsel provides at the hearing that a lesser amount in costs (less $15) will be sought for the net balance to equate to $9,815. 

 

Aside from the minor issue with Rodolfo’s petition above, the Court reviews the petitions and finds them fair and reasonable. The Court also finds the attorney’s fees in the amount of 25% of each of Claimant’s settlement to be fair and reasonable. The petitions are 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.