Judge: Michelle C. Kim, Case: 23STCV00266, Date: 2024-04-04 Tentative Ruling
Case Number: 23STCV00266 Hearing Date: April 4, 2024 Dept: 31
DEPT: | 31 |
HEARING DATE: | 04/04/2024 |
CASE NAME/NUMBER: | 23STCV00266 PABLO SANTIAGO TOMAS, et al. vs PREMKUMAR NATARAJAN, et al. |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | PABLO SANTIAGO TOMAS, Age 6 |
RECOMMENDATION: | Deny for the following reasons. |
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 $500,000, with $5,000 being apportioned to Pablo Santiago Tomas (“Claimant”). If the settlement is approved, $1,000 will be used for medical expenses, $1,250 for attorneys’ fees, and $1,113.59 will be used for costs. The net balance of $1,636.41 will be deposited into a blocked account.
The petition filed on January 24, 2024 is denied for the following reasons:
No written attorney fee agreement was provided in Attachment 14a.
Further, in Item 14(b), Petitioner requests “Costs” of $118.59. The Court is unable to determine the difference between this unspecific request for “Costs” and the other item for “Administrative Costs (Flat Fee for Postage, Copies, Client Parking etc.). Petitioner, through counsel, is requested to specifically itemize the type of expenses incurred in order for the Court to be able to determine whether the expenses sought are reasonable.
Additionally, because the attorney is representing another party involved in this matter, Attachment 18a (identifying and explaining the relationship) is required in Attachment 18a.
Lastly, the name of Petitioner provided on page 7 of MC-350 is incorrect. The petitioner is Rosa Gonzalez, but the name provided beside the signature line is “Blanca Morales.”
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.