Judge: Steven A. Ellis, Case: 20STCV49186, Date: 2023-10-31 Tentative Ruling

Case Number: 20STCV49186    Hearing Date: December 4, 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.

On October 31, 2023, this matter was continued to allow Petitioner to address the identified issues from in Court’s Minute Order. The issues were as follows:

1. Item 15 of the petition lists the net balance of proceeds for the claimant $49,202.95 and Item 16(e) lists the total fees paid from proceeds of settlement or judgment $64,947.30. However, calculations of the Item 16 section, i.e., the requested attorney’s fees, medical expenses, and costs indicate that the net balance of proceeds for the claimant should be $49,229.95 and total fees paid from proceeds of settlement or judgment should be $65,770.05. This inconsistency must be remedied;

2. Item 18(b)(2) the amount of the settlement proceeds to be deposited in the insured blocked account is left blank;

3. Petitioner did not provide a declaration in support of the attorney’s fees requested pursuant to Cal. Rules of Court (CRC), Rule 7.955(c). Further, the retainer agreement only supports a fee of 40% for minors gross settlement amount, the amount requested is 45% of the gross settlement proceeds. In addition, it is unclear whether the guardian ad litem signed or approved the retainer agreement;

4. Petitioner did not submit a proposed order approving the petition on form MC-351;

5. Petitioner did not submit a proposed order for deposit of funds in compliance with CRC, Rule 7.953.

Counsel filed a new MC-351 and MC-355 on November 1, 2023. Counsel did not address the other issues.

Accordingly, Petitioner’s Petition to Approve Minor’s Compromise (Alyvia Lopez, Age 9) is CONTINUED to ________________________________________ _____, 2024.

Counsel is ordered to file an amended proposed order approving the compromise correcting the above-identified defects.

Moving party is ordered to give notice.