Judge: Serena R. Murillo, Case: 21STCV13650, Date: 2022-09-07 Tentative Ruling

Case Number: 21STCV13650    Hearing Date: September 7, 2022    Dept: 29

Dominic Ames, et al. v. JBD Century House, LLC, et al.

Wednesday, September 7, 2022

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 Petition to Approve Compromise of Disputed Claim of Minor (Dominic and Alexander Ames, ages 6). The court finds the following issues preclude the granting of the petitions:

(1)  The total costs listed only amount to $30,484.20 (which is the amount to be paid from Dominic’s settlement), but the petitions state that total costs are $36,581.04.

(2)  The Court has considered the Declaration of Brian G. Leech in support of the fee request. The Court finds that on the current record, and in consideration of the factors set forth in Cal Rules of Court, Rule 7.955(b), a fee of 35% of the gross settlement is reasonable.  

(3)  Counsel has advanced payment to medical providers for Claimant Dominic. These medical bills should be attached to his petition.

As such, the Petitions to Approve Compromise of Disputed Claim of Minors (Dominic Ames and Alexander Ames) are CONTINUED to 10/19/2022. Petitioner is ordered to file new petitions and orders in accordance with the above-described issues. If the final lien amount is ready, then Petitioner should list the final amount and attach a copy of the lien to the petition.

Moving party is ordered to give notice.