Judge: Robert S. Draper, Case: BC609669, Date: 2022-10-11 Tentative Ruling

Case Number: BC609669    Hearing Date: October 11, 2022    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Plaintiffs’ Petitions for an Order Approving Compromise of the Claim for a Minor as to Alex Csizmadia and Renellie Csizmadia are GRANTED.

Plaintiffs’ Petition for an Order Approving Compromise of the Claim for a Person with a Disability as to Plaintiff Rebecca Derohanian is GRANTED.

FACTUAL BACKGROUND   

This is an action for medical negligence and loss of consortium. The Complaint alleges as follows. In February 2015, Defendant Michael Tahery, M.D. (“Tahery”) performed a cesarean section procedure on Plaintiff Rebecca Derohanian (“Derohanian”) at Defendant Cedars-Sinai Medical Center (“Cedars”). (Compl. ¶ 24.) Derohanian suffered severe and permanent brain damage rendering her disabled and requiring ongoing medical care due to Defendants’ (including Defendant Sara Churchill, M.D. (“Churchill”) negligence. (Compl. ¶¶ 24-27.) Plaintiff Zoltan Csizmadia (“Csizmadia”) has suffered loss of consortium with his wife, Derohanian. (Compl. ¶ 46.)

PROCEDURAL HISTORY 

On February 9, 2016, Plaintiffs filed the Complaint asserting two causes of action:

1.    Negligence; and,

2.    Loss of Consortium.

On September 16, 2016, Plaintiffs filed the instant Petitions to Approve Compromise of Disputed Claim.

DISCUSSION

I.              PETITION TO CONFIRM MINOR’S / PERSON WITH A DISABILITY’S COMPROMISE OF A CLAIM

Plaintiff Zoltan Csizmadia files Petitions to Confirm A Minor’s Compromise for his children, Alex Csizmadia (“Alex”) and Renellie Csizmadia (“Renellie”), and a Petition to Confirm Compromise of a Person with a Disability’s Claim as to his wife, Rebecca Derohanian.

Renellie is seven years old. Alex is ten years old.

Csizmadia is Renellie and Alex’s father and is the Guardian Ad Litem to Derohanian.

An enforceable settlement of a minor’s claim or that of a person lacking the capacity to make decisions can only be consummated with court approval. (Prob. Code., §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Super. Ct. (2012) 202 Cal.App.4th 1333, 1337.) 

“[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor’s best interests. . . .[I]ts primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.” (Goldberg v. Super. Ct. (1994) 23 Cal.App.4th 1378, 1382.) 

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court, rules 7.950, 7.951 and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant. (Cal. Rules of Court, rule 7.950.) The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952.) 

An order for deposit of funds of a minor or person lacking decision making capacity and a petition for the withdrawal of such funds must comply with California Rules of Court, rules 7.953 and 7.954. (Cal. Rules of Court 3.1384; see also Super. Ct. L.A. County, Local Rules, rules 4.115-4.118.) 

A.  THE SETTLEMENT

Here, Plaintiffs have agreed to a settlement for $1,500,000 to be distributed between Csizmadia, Derohanian, and their children. The funds are to be allocated to the parties as shown below:

Plaintiffs’ Counsel, Joshua H. Haffner (“Haffner”) explains the distribution as follows.

Derohanian was apportioned $750,000.00 for her personal injury claim. (Haffner Decl. ¶ 10.) Csizmadia was apportioned $250,000.00 for his loss of consortium claim. (Ibid.) Both Renellie and Alex were apportioned $250,000.00 for waiver of their prospective wrongful death claims associated with Derohanian’s shortened life expectancy. (Ibid.)

Haffner’s office charges a contingency fee for medical malpractice lawsuits which is based on Business and Professions Code section 6146. (Haffner Decl. ¶ 11.) All costs advanced were to be paid from the settlement after the contingency fee is applied. (Ibid.) Attorney fees were calculated on $1,162,023.62, which is the aggregate of the total settlement minus the $337,976.38 in total litigation costs incurred by Haffner Law. (Ibid.) The total fees were apportioned pro rata among the settling parties, with 50% going to Derohanian, and 1/6 to Csizmadia and the minors. (Ibid.) However, Haffner agreed to reduce the fees attributable to Alex and Renellie by $10,000 each. (Ibid.) Haffner attaches the Retainer and Fee Agreement to his Declaration as Attachment 18(a). The Retainer describes the parties’ fee agreement as presented in Haffner’s declaration. (Attachment 18(a) at p. 1.)

As for costs, Haffner incurred a total of $337,976.38 in costs throughout the course of litigation. (Haffner Decl. ¶ 12.) These costs were split pro-rata between Derohanian and Csizmadia. (Ibid.) The minors were not attributed litigation costs as they were not named Plaintiffs and only agreed to waive their prospective wrongful death claims. (Ibid.) Haffner attaches an invoice for litigation costs to his Declaration as Attachment 14(b). The charges appear reasonable.

The Court finds that the settlement amount, in its totality, adequately compensates Alex and Renellie for their prospective waiver of claims related to their mother’s shortened life expectancy. Additionally, the Court finds that the proposed settlement adequately compensates Derohanian for her pain and suffering, and for her medical care moving forward. Finally, pursuant to Haffner’s Declaration, the Court finds that the proposed attorney fees are fair and reasonable and in accordance with the attached retainer agreement.   

Accordingly, Plaintiffs’ Petitions to Confirm Minors’ Compromise of Claim, and Compromise of Claim for a Person with a Disability are GRANTED.

 DATED: October 11, 2022                      

      _____________________________ 

Hon. Robert S. Draper 

Judge of the Superior Court