Case Number: BC597100 Hearing Date: June 06, 2018 Dept: 3

DAVID AVILA PEREZ,

Plaintiff(s),

vs.

ANIMO PHILLIS WHEATLEY CHARTER MIDDLE SCHOOL, ET AL.,

Defendant(s).

Case No.: BC597100

[TENTATIVE] ORDER CONDITIONALLY GRANTING PETITION TO APPROVE COMPROMISE OF MINOR

Dept. 3

1:30 p.m.

June 6, 2018

Plaintiff, David Avila Perez, a minor by and through his GAL, Maximo Perez, filed this action against Defendant, Animo Phillis Wheatley Charter Middle School for damages arising out of injuries sustained when a soccer goal collapsed on him. The minor plaintiff suffered a variety of injuries as a result of the incident, but has recovered completely at this time.

Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $100,001. If approved, $4118.47 will be used for medical bills, $40,000 for attorneys’ fees, and $3279.43 for costs of suit. Petitioner proposes to place the net settlement amount of $52,603.10 in a blocked account.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable; even though they are in the amount of 40% of the total settlement, the Court has reviewed the parties’ retainer agreement, as well as Counsel’s and the GAL’s declarations in support of the request, and finds that 40% is adequately supported.

Per CRC 7.952, Petitioner and Plaintiff must appear at the hearing unless the Court finds good cause to excuse their appearance. Plaintiff is seventeen years old, and the Court will therefore require him to appear in order to have the petition granted. If the Court is satisfied with Plaintiff’s and Petitioner’s testimony at the hearing, the petition will be granted.

Plaintiff is ordered to give notice.