Judge: Serena R. Murillo, Case: 21STCV32653, Date: 2022-08-19 Tentative Ruling

Case Number: 21STCV32653    Hearing Date: August 19, 2022    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 Petition to Approve Compromise of Disputed Claim of Minors (Ruben Nevarez, age 3, Jose Equiha, age 2, May Lee Nevarez, age 14, and Luna Mia Nevarez, age 8). However, counsel requests 33.3% of the gross settlement from each claimant. Counsel’s supplemental declaration attached to the amended petition does not justify more than 30% in attorney’s fees based upon an analysis of California Rules of Court section 7.995. Thus, the Court is inclined to award 30% in attorney’s fees—i.e., $97,500. The Court intends to approve the following distribution:

 

 

Attorney’s fees (30%) 

$97,500 

Medical expenses 

n/a

Costs  

$2,253.14

Total fees and costs 

$99,753.14

 

 

Total Settlement 

$325,000 

Less credits 

$99,753.14

Net Settlement to be invested in deferred annuity

$225,246.86

 

The proposed orders approving the compromise, and structured settlement annuities should be adjusted accordingly. The annuities may be attached to the orders.

 

Moving party is ordered to give notice.