Judge: Serena R. Murillo, Case: 19STCV45038, Date: 2023-05-08 Tentative Ruling

Case Number: 19STCV45038    Hearing Date: May 8, 2023    Dept: 29

TENTATIVE 

The Court has reviewed the Expedited Petition to Approve Minor’s Compromise, _. The Court declines to approve the Petition as requested. Pursuant to Cal Rules of Court 7.950.5(c)(3), the Court elects to schedule a hearing date to allow counsel to correct the following defects, which preclude the granting of the petition at this time.

(1)  Counsel has not filed a declaration for attorney fees. “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). 

(2)  Defendants have not been served with the petition.

(3)  Steinberg Chiropractic’s agreement to reduce the medical expenses is not filed.

(4)  The proposed orders seeks attorney fees in the amount of $103.23, but the petition requests $375 in attorney fees.

(5)  The proposed order also states allowance of fees is $475, but it is $746.77.

(6)  The proposed order states the balance for Claimants is $1,025, but the petition states it is $753.23.

Accordingly, the Court schedules a hearing on these petitions for _____________. Counsel is ordered to file corrected proposed orders granting the petitions, a declaration discussing the relevant factors for attorneys fees, the reduction agreements, and serve defendants and file proof of service.

Moving party is ordered to give notice.