Case Number: BC602603 Hearing Date: March 29, 2018 Dept: 92

MAJLI RODRIGUEZ, ET AL.,

Plaintiff(s),

vs.

MASAKO OHNUKI, ET AL.,

Defendant(s).

Case No.: BC602603

[TENTATIVE] ORDER CONDITIONALLY GRANTING PETITIONS TO APPROVE COMPROMISES OF MINORS

Dept. 92

1:30 p.m.

March 29, 2018

Plaintiffs, Majli and Vicky Rodriguez, minors by and through their GAL, Araceli Solis, filed this action against Defendant, Masako Ohnuki for damages arising out of an automobile v. pedestrian accident. The minor plaintiffs suffered various serious injuries as a result of the accident, and have not fully recovered at this time. Specifically, Vicky has ongoing dental damage that will require future dental treatment, and Majli has ongoing orthopedic, dental, and also cognitive issues.

Plaintiffs, by and through their GAL and attorney, have agreed to settle this action with Defendant for the total amount of $35,000 (Vicky) and $47,500 (Majli). Petitioner plans to use the settlement to pay medical bills; additionally, the girls will split the costs of suit and pay 25% each to their attorney for fees. Petitioner plans to place the remaining settlement funds in blocked accounts.

The Court has reviewed the settlements and finds they are fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable, in that they amount to 25% of the total settlement. The Court has two minor concerns with the petition, which must be addressed at the hearing. ¶¶12 of each petition is not filled out, and ¶18 appears to be filled out incorrectly, as each of the two minor plaintiffs has the same attorney of record and the attorney is receiving fees in connection with both petitions.

Additionally, per CRC 7.952, Petitioner and Plaintiffs must appear at the hearing unless the Court finds good cause to excuse their appearance. Plaintiffs are sixteen and eleven years old, and the Court will therefore require them to personally appear and testify. If the Court is satisfied with Petitioner’s and Plaintiffs’ testimony at the hearing, and if the above-discussed portions of the petition are clarified, the petitions will be granted.