Judge: Michelle C. Kim, Case: 22STCV26278, Date: 2023-12-12 Tentative Ruling
Case Number: 22STCV26278 Hearing Date: March 8, 2024 Dept: 31
DEPT: | 31 |
HEARING DATE: | 03/08/2024 |
CASE NAME/NUMBER: | 22STCV26278 LEANNA PALOMINO, et al. vs 123 MOVING & STORAGE LLC, et al. |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | Brooklynn Lekura Degrate, Age 4 |
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.¿
Plaintiffs have agreed to settle their claims against Defendants for the total amount of $6,300,000, with $250,000 being apportioned to Brooklynn Lekura Degrate (“Claimant”). If the settlement is approved, $1,599.12 will be used for medical expenses, $82,500 for attorneys’ fees, and $2,886.86 will be used for costs. The net balance of $163,014.02 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.
The Court reviews the settlement and finds it fair and reasonable.¿The Court also finds the attorney’s fees fair and reasonable, in that counsel supports the fee request for 33% of Claimant’s settlement. Based on the foregoing, the petition is GRANTED.
The Court notes Plaintiffs’ counsel’s declaration regarding the revised petition filed on March 4, 2024 to correct a calculation error. The Court appreciates Plaintiffs’ counsel’s efforts, especially in light of the number of minor claimants in this action. Plaintiffs’ counsel’s strive for accuracy and completeness of each petition is noted and commendable for facilitating judicial efficiency.
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The Court sets an Order to Show Cause Re: Compliance: Proof of Purchase of Annuity(ies) on____________________ IN DEPARTMENT SS-31 AT 8:30 AM.¿¿¿¿
Moving party is ordered to give notice.