Judge: Michelle C. Kim, Case: BC647038, Date: 2024-01-23 Tentative Ruling
Case Number: BC647038 Hearing Date: January 23, 2024 Dept: 31
DEPT: | 31 |
HEARING DATE: | 01/23/2024 |
CASE NAME/NUMBER: | BC647038 MARIO MOLINA-GUZMAN VS MICHAEL WILLIAM RICHTER ET AL |
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR | MARIO MOLINA-GUZMAN, Age 60 |
RECOMMENDATION: | DENY for reasons stated below. |
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.¿
Plaintiff has agreed to settle his claims against Defendants for the total amount of $100,000 with the entirety being apportioned to Mario Molina-Guzman (“Claimant”). If the settlement is approved, $17,700 will be used for medical expenses, $33,000 for attorneys’ fees, and $11,801.51 will be used for costs. The net balance of $37,498.49 will be deposited into a blocked account.
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 reduced the request to 33% of Claimant’s settlement. (Min. Order, Dec. 9, 2021.)
However, the petition filed on November 6, 2023 is denied for the following reasons:
MC-350 Item 8 requires a copy of any doctor’s report containing a diagnosis of Claimant’s injuries, or a prognosis for Claimant’s recovery, and a report of Claimant’s current condition to be attached to the petition as Attachment 8. Claimant’s medical record was not provided.
If no other defendant has offered money to any other persons other than Claimant to settle the matter, Item 11(a) should be marked.
Because Claimant’s attorney’s fees are to be reimbursed from the proceeds, Item 13(a) requires a copy of the written attorney fee agreement as Attachment 17a. Petitioner did not provide a copy of the retainer agreement.
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.