Judge: Thomas D. Long, Case: 20STCV25026, Date: 2024-07-16 Tentative Ruling


Case Number: 20STCV25026    Hearing Date: July 16, 2024    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

C. R., et al.,

                        Plaintiffs,

            vs.

 

LOS ANGELES UNIFIED SCHOOL DISTRICT, et al.,

 

                        Defendants.

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      CASE NO.: 20STCV25026

 

[TENTATIVE] ORDER DENYING PETITION TO APPROVE MINOR’S COMPROMISE

 

Dept. 48

8:30 a.m.

July 16, 2024

 

Claimant C.R., a minor, by and through his guardian ad litem, L Mayra N. Rodriguez, has agreed to settle his claims against Defendants Los Angeles Unified School District, Luis Rodriguez-Cazares, and Karen Fattal in exchange for $139,500.00.  Of this amount, $726.47 is allocated for a Medi-Cal lien, $55,800.00 is allocated for attorney fees, and $27,351.68 is allocated for costs and expenses, leaving a balance of $55,621.90 for Claimant.  If approved, the funds will be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim.  (Prob. Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)  The Court has reviewed the proposed settlement and cannot find that it is fair and reasonable at this time.  Although Claimant’s guardian agreed to pay up to 45% of any settlement as attorney fees and all costs and expenses (Petition, Ex. 17(a)), the $55,800.00 in attorney fees and $27,351.68 in costs and expenses are a combined 59.6% of the total settlement amount.  After all expenses, Claimant will receive only about 39.8% of the total settlement amount.

At the hearing, counsel should be prepared to more thoroughly address the factors of California Rules of Court, rule 7.955(b) to justify such a high amount of attorney fees and expenses.  Otherwise, the Court is inclined to deny the petition without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 16th day of July 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court