Judge: Peter A. Hernandez, Case: 23PSCV03995, Date: 2024-04-30 Tentative Ruling
Case Number: 23PSCV03995 Hearing Date: April 30, 2024 Dept: K
Petitioner Joseph
Vasquez’s Petition to Approve Minor’s Compromise of Pending Action [i.e., as to
Jolene Vasquez] is GRANTED.
Background
On December 28, 2023, Plaintiff filed a complaint, asserting causes of action against Saul Castaneda Villa (“Villa”), Reliable Freight Logistics, Inc. (“Reliable”) (together, “Defendants”) and Does 1-50 for:
1.
Motor Vehicle
2.
General Negligence
On January 31, 2024, Plaintiff filed a conditional “Notice of Settlement of Entire Case.”
A Order to Show Cause Re: Dismissal (Settlement) is set for September 20, 2024.
Legal Standard
Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) California Rules of Court Rule 7.950 provides that a petition “must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise.” (See Cal. Rules of Court, rule 7.950.) Rule 7.950 states that the Petition must be filed on a completed Petition for Approval of
Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).
Discussion
Petitioner Joseph Vasquez (“Petitioner”) seeks court approval of a settlement between minor claimant Jolene Vasquez (“Claimant”) (DOB: 11/1/14) and Defendants in the total amount of $10,500.00. (Petition, ¶ 10). Petitioner is Claimant’s parent and guardian ad litem. (Id., ¶ 1).
The petition is executed by Petitioner. The petition explains that on October 6, 2022, Claimant was a passenger riding in a vehicle driven by Georgina Vasquez on the Interstate 10, 400 feet east of Athol Street in Baldwin Park, California when said vehicle was struck in the rear by a vehicle driven by Villa. (Id., ¶¶ 4-5). Villa was employed by vehicle owner Reliable. (Id., ¶ 5).
Claimant sustained pain to her hip, neck, back, shoulder and abdomen in the accident, for which she received treatment in the emergency room at Beverly Hospital and follow-up chiropractic treatment with Gabriel Marichi, D.C. (Id., ¶ 7). Claimant has recovered completely from the effects of the aforesaid injuries and there are no permanent injuries. (Id., ¶ 8).
To settle claims arising out of the same accident that resulted in Claimant’s injury, one or more defendants have also offered to pay money to a person or persons other than Claimant, in the amount of $82,000.00. (Id., ¶ 11). Petitioner does not have a claim against the recovery of the Claimant. (Id.) Petitioner is not a plaintiff in the same action with Claimant. (Id.)
Claimant’s total medical expenses are $3,156.21, before any reductions. (Id., ¶ 12). Medical expenses were paid in the amount of $764.01, which includes $484.71 by Plaintiff’s counsel. (Id.). There are a total of $792.20 in negotiated reductions and a total of $1,600.00 in liens. (Id.). Total medical expenses of $1,600.00 are to be paid or reimbursed from the proceeds, in addition to the $484.71 fronted by Plaintiff’s counsel. (Id.).
The total amount of attorney’s fees for which court approval is requested is $2,395.00. (Id., ¶ 13). Petitioner has attached a declaration from attorney Deedra Van Strien Alvarado (“Van Strien Alvarado”) regarding attorney’s fees as Attachment 13(a). Van Strien Alvarado advises that her firm was retained on October 17, 2022 to represent Claimant on a contingency basis at a rate of 33% pre-litigation and 40% post-litigation and attached a copy of the signed retainer agreement as Attachment 17(a). Van Strien Alvarado further advises that she was also retainer to represent Claimant’s mother and the vehicle driver, Georgina Vasquez, that she previously settled that matter, and that this was a separate claim involving no apportionment of settlement. Van Strien Alvarado advises that she has received attorney’s fees from the above-settled matter (i.e., in the amount of $27,333.33) and expects to receive attorney fees in this matter once it is approved by the court. (Attachment 13(a); see also Petition, ¶ 17). Van Strien Alvarado advises that she has reduced her fees here to 25% and has diligently investigated as to all other assets of defendants. Petitioner also requests that costs of $435.00 by paid from the proceeds. (Id., ¶ 13).
The net balance of proceeds for Claimant after payment of all requested fees and expenses is $5,585.29, which will be deposited in an insured account at Wells Fargo Bank in West Covina. (Id., ¶ 18, Attachment 18(b)(2).
The court finds the settlement is fair and reasonable. The petition is granted.