Judge: Peter A. Hernandez, Case: 22STCV01351, Date: 2024-08-27 Tentative Ruling

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Case Number: 22STCV01351    Hearing Date: August 27, 2024    Dept: 34

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of Minors. The Court finds the settlement is reasonable, but the following issues preclude granting of the petitions at this time:

(1)             There are no proposed orders granting the petition.

(2)             There are no proposed orders to deposit into blocked accounts filed.

(3)             There is no declaration filed in support of the request of 45% in attorney fees. Although there is an attachment 17a, this is neither signed, nor is an attorney’s name written on it. “A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” (Cal Rules of Court, Rule 7.955(c).) Most of the relevant factors are not discussed under the attachment which purports to be the declaration for fees. It is not enough that the retainer agreement provides for 45% in attorney fees. This is just one factor the court considers.

(4)             The retainer agreements are not attached to the petition.

(5)             Item 17f of the petition should state the amount the attorney expects to receive in attorney fees from Plaintiffs in which Petitions are not being filed.

Counsel is ordered to file corrected petitions, the proposed orders, and serve Defendants.

Moving party is ordered to give notice.