Judge: Serena R. Murillo, Case: 20STCV10916, Date: 2023-05-08 Tentative Ruling
Case Number: 20STCV10916 Hearing Date: May 8, 2023 Dept: 29
TENTATIVE
The Court excuses the personal
appearance of the claimant and the guardian ad litem. Counsel may appear by
telephone or video conference call.
The Court has reviewed the
Petitions to Approve Compromise of Disputed Claim of Minors (Jacob
Maldonado, age 11; and Alexandra Maldonado, age 17). The Court finds that there are various
issues precluding the granting of the two petitions at this time.
(1) Defendants
have not been served with the petitions.
(2) The declaration
filed with the petition does not sufficiently substantiate a fee request of 45%
of the settlement amount. The Court would award 25% on the current
record.
The court intends to approve the
following distribution:
|
Attorney’s fees (25%) |
$1,062.50 |
|
Medical expenses |
$0 |
|
Costs |
$0 |
|
Total fees and costs |
$1,062.50 |
|
|
|
|
Total Settlement |
$4,250 |
|
Less credits |
$1062.50 |
|
Net Settlement to
be deposited into blocked order |
$3,187.50 |
Accordingly, the Petitions to Approve Compromise of
Disputed Claim of Minors are
CONTINUED. Counsel is ordered to file corrected proposed orders granting the
petitions and corrected blocked orders with distribution provided above, and
serve Defendants then file a proof of service.
Moving party is ordered to give notice.