Judge: Serena R. Murillo, Case: BC719250, Date: 2023-02-24 Tentative Ruling

Case Number: BC719250    Hearing Date: February 24, 2023    Dept: 29

TENTATIVE 

The Court has reviewed the Petitioner’s Expedited Petition to Approve Minor’s (Natalie Melchor, age 15) Compromise without a hearing pursuant to Cal Rules of Court 7.950.5. As noted numerous times previously, there are several deficiencies precluding the granting of the petition, none of which have been corrected.

First, as identified by the Court in its last minute order, Petitioner has failed to submit written verification of this negotiated reduction. The Court orders Petitioner to include a copy of the negotiated reduction with Tirsch & Lownberg Chiropractic in writing, prior to any approval of the Expedited Petition.

Second, there is a discrepancy in the amount of attorney’s fees requested. Section 14a. of the Expedited Petition requests that Petitioner’s counsel of record identify the “[t]otal amount of attorney’s fees for which court approval is requested[,]” to which Petitioner’s counsel identified $242.19. (Expedited Petition, Section 14a.) However, thereafter, within Section 17 of the Expedited Petition, when requested to identify the total amount of “[a]ttorney’s fees to be paid from the proceeds of settlement”, Petitioner’s counsel of record states $242.92. (Expedited Petition, Section 17c.) Petitioner must correct this discrepancy, and identify consecutively within the Expedited Petition exactly how much in attorney’s fees is requested.

Third, a copy of the parties’ retainer agreement is not attached to the petition.

Fourth, a new defect is found. The proposed order states that medical expenses are $242.49, when they are listed as $242.92 throughout the petition.