Case Number: SC118274    Hearing Date: July 24, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

MICHAEL ZAND, et al.,
Plaintiff(s),
vs.
KAREN SCHAFFER HOWARD, et al.,
Defendant(s).

Case No.: SC118274

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

Dept. 92
1:30 p.m. — #32
July 24, 2014

Petitioner’s Petition to Approve Compromise of Minor will be Granted if (a) Petitioner and Plaintiff appear, and (b) service of the moving papers on Defendant is established or Defendant appears and waives service.

Plaintiff, Jessamyn Zand, a minor by and through her GAL, Michael Zand, filed this action against Defendant Karen Schafer Howard for damages arising out of an automobile accident. Plaintiff suffered injuries to her neck, right shoulder, right hand and suffered from TMJ and headaches. Plaintiff continues to hae some symptoms of TMJ in her jaw and will require future treatment on an as needed basis.

Plaintiff, by and through her GAL and attorney, has agreed to settle his action against Defendant for the total amount of $75,000. If approved, $8,755.57 will be used for medical bills, $18,750 for attorneys’ fees, and $2,039.63 for costs of suit. Petitioner proposes to place the net settlement amount of $45,454.80 in an annuity.

The Court has reviewed the settlement and finds it is fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable, in that they amount to 25% of the total settlement, and the parties have an attorney-client fee agreement, attached to the petition, that provides for a 25% contingency fee.

The Court notes, however, that no proof of service on Defendants was filed with the moving papers. The Court will require proof of service on Defendants at the time of the hearing, or else will require to Defendants to appear and waive service or to otherwise provide evidence that they have waived service.

Finally, per CRC 7.952, Petitioner and Plaintiff must appear at the hearing. The Court will require their appearance in order to grant the petition.

Dated this 24th day of July, 2014

Hon. Elia Weinbach
Judge of the Superior Court