Judge: Michelle C. Kim, Case: 22STCV10978, Date: 2023-10-04 Tentative Ruling

Case Number: 22STCV10978    Hearing Date: March 8, 2024    Dept: 31

DEPT:  

31 

HEARING DATE: 

03/08/2024 

CASE NAME/NUMBER: 

22STCV10978 VIVIAN MENDOZA, et al. vs SARAH LISTYO, et al. 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

  1. Lilv Mendoza, Age 12; and 

  1. Vivian Mendoza, Age 9. 

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 have agreed to settle their claims against Defendants, with $63,836.66 being apportioned to claimant Lily Mendoza (“Lily”) and $28,666.66 being apportioned to claimant Vivian Mendoza (“Vivian”).  

 

If the settlement is approved for Lily, $4,462.54 will be used for medical expenses, $15,959.17 for attorneys’ fees, and $410.91 will be used for costs.  The net balance of $43,0004.04 will be deposited into a blocked account.  

 

If the settlement is approved for Vivian, $10,253.91 will be used for medical expenses, $7,166.67 for attorneys’ fees, and $256.21 will be used for costs.  The net balance of $10,989.87 will be deposited into a blocked account.  

 

The Court reviews the settlements and finds them fair and reasonable.¿The Court also finds the attorney’s fees fair and reasonable, in that they amount to 25% of Claimants’ settlements. Based on the foregoing, 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.