Case Number: BC631535 Hearing Date: March 05, 2019 Dept: A

# 6. Warren Johnson, et al. v. County of Los Angeles, et al.

Case No.: BC631535

Matter on calendar for: petition for minor’s compromise

Tentative ruling:

I. Background

This action arises from alleged police misconduct resulting in plaintiffs’ being pepper sprayed. Plaintiffs allege violation of Civil Code §§ 52.1, 51.7, negligence, assault, and battery.

Plaintiff petitions the Court to approve minor claimant Dominique Faniel’s compromise.

The proposed settlement is $10,000. There are no claimed medical expenses or permanent injuries. The petition awards 25% attorney’s fees in the amount of $2,500.00 and $1,072.96 in other expenses such as filing fees, attorney service, and court call. Faniel would receive $6,427.04.

For the reasons set forth below, the Court grants the petition.

II. Standard

Court approval is required to establish an enforceable settlement of a minor’s claim. (Prob. Code, §§ 2504, 3500, 3600, et seq.; C.C.P., § 372.) Indeed, until a petition for such approval is granted by the court, there is no final settlement, and any prior settlement agreement is voidable. (Scruton v. Korean Air Lines Co. (1995) 39 Cal.App.4th 1596, 1603–1605.)

California Rules of Court, Rule 7.950, et seq., governs the procedures for Court approval of a minor’s compromise under the Probate Code. The Application forms must properly state the age and sex of the minors, the nature and extent of the injuries, and the facts and circumstances out of which the injuries arose. Plaintiff’s counsel must disclose his interest. (Ibid.)

Under California Rules of Court, Rule 7.955(a)(1), the Court “must use a reasonable fee standard when approving and allowing the amount of attorney’s fees payable from money or property paid or to be paid for the benefit of a minor…” Also, the court must give weight to the terms of any existing representation agreement. (See CRC, Rule 7.955(a)(2).) Other non-exclusive factors to consider include: (1) the fact that a minor is involved, and her particular circumstances; (2) the length and nature of representation; and (3) the time and labor required. (See CRC, Rule 7.955(b)(1–14).)

California Rules of Court, Rule 7.950.5 sets forth requirements for an expedited petition to approve minor’s compromise.

III. Analysis

The Court finds that the amount of settlement proceeds to be awarded are fair and reasonable. Counsel’s declaration is sufficient to support the attorneys fees requested; 25% is reasonable. The Court grants the petition.

Petitioner’s prior attorney has filed an attorney’s lien in this action. Such a lien must be litigated in a separate action. (Carroll v. Interstate Brands Corp. (2002) 9 Cal.App.4th 1168, 1177.)

IV. Ruling

The petition is granted.