Judge: Salvatore Sirna, Case: 24PSCV01729, Date: 2024-10-09 Tentative Ruling

Case Number: 24PSCV01729    Hearing Date: October 9, 2024    Dept: G

Petitioner Stephanie Velarde’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Plaintiff David Solorio, a Minor

Respondent: NO OPPOSITION

TENTATIVE RULING

Petitioner Stephanie Velarde’s Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Plaintiff David Solorio, a Minor is GRANTED.

BACKGROUND

This is a personal injury action arising from a motor vehicle collision. In June 2022, Plaintiffs Claudia Velarde and David Solorio were involved in a motor vehicle collision with Defendants Billy Eugene Dixon, Jung Jin Lee, Andrea Soledad Melgoza, and Vincent Michael Cortez on Interstate 10 in Pomona.

On May 30, 2024, Solorio, through guardian ad litem Stephanie Velarde, and Claudia Velarde filed a complaint against Dixon, Lee, Soledad Melgoza, Cortez, and Does 1-20, alleging a single cause of action for motor vehicle negligence.

On September 16, 2024, Stephanie Velarde filed the present petition on Solorio’s behalf. A hearing on the present petition is set for October 9, 2024, along with an OSC Re: Dismissal.

ANALYSIS

Stephanie Velarde petitions for the court’s approval of a $7,500.00 settlement reached between Solorio and Dixon. For the following reasons, the court GRANTS Stephanie Velarde’s petition.

Legal Standard

An enforceable settlement of a minor’s or incompetent’s claim can only be consummated with court approval. (Prob. Code, §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372.) For this purpose, a petition for approval must be presented to the court and until it is granted, there is no final settlement. (Scruton v. Korean Air Lines Co. (1995) 39 Cal.App.4th 1596, 1603-1606.) Any settlement agreement therefore is voidable by the minor’s guardian ad litem. (Id., at p. 1606.)

Probate Code section 3600, et seq., governs how the settlement proceeds are to be paid. Pursuant to Probate Code section 3601, the order shall approve payment of reasonable expenses from the settlement as follows:

The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that such reasonable expenses (medical or otherwise and including reimbursement to a parent, guardian, or conservator), costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or incompetent person. (Prob. Code, § 3601, subd. (a).)

In cases pursuant to Probate Code section 3601, “unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney’s fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.” (Cal. Rules of Court 7.955, subd. (a)(1).) In doing so, “[t]he court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.” (Cal. Rules of Court 7.955, subd. (a)(2).)

Discussion

Pursuant to the settlement agreement reached between the parties, Dixon agrees to pay a total of $7,500.00 to Solorio. (Petition, ¶ 10.)

With regards to attorney fees, a retainer agreement is attached to the Petition as Attachment 17a. In it, the attorney fees for Solorio will be 40% of the gross recovery if the matter is resolved following the filing of a lawsuit. (Attach. 17a, ¶ 2.) Here, Solorio’s counsel requests $2,500.00 in attorney fees which is only 33.33% of Solorio’s total recovery. (Petition, ¶ 13.) In a declaration, Solorio’s counsel estimates counsel spent an estimated thirty (30) hours on the present case. (Attach. 13a, ¶ 4.) Based on the court’s own experience, the court finds this to be a reasonable award of attorney fees.

The Petition also requests $120.00 in litigation costs and $2,020.00 in medical expenses. Thus, Solorio will receive a total net amount of $2,860.00. The Petition requests the funds be deposited in an insured account with Chase Bank subject to withdrawal only upon authorization by the court. Upon review the court finds the amount awarded to Solorio to be reasonable and finds the disposition of the funds is proper. Accordingly, the court GRANTS Stephanie Velarde’s petition.

CONCLUSION

Based upon the foregoing, Stephanie Velarde’s petition for approval of a minor’s compromise is GRANTED.