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.