Case Number: BC520239    Hearing Date: July 24, 2014    Dept: 92

TENTATIVE RULING: The Court has reviewed the petition and finds the settlement fair and reasonable. The parties have an agreement for attorneys’ fees, which is attached to the petition, and the Declaration of Counsel is sufficient to substantiate the work done in connection with this matter. Petitioner has submitted copies of the relevant medical report. The petition is properly verified by Petitioner. Petitioner has timely filed notice of the hearing on the petition on Defendant.
Per CRC 7.952, Petitioner and the Claimant are required to attend the hearing on the petition. The Court will therefore require attendance at the hearing in order to grant the petition.
MOVING PARTY IS ORDERED TO PROVIDE A PROPOSED ORDER ON THE DATE OF THE HEARING.
Following the hearing, the Petition will be forwarded to the probate department for review. A follow-up hearing is set August 29, 2014, at 1:30 in this department.

1. Facts
Pedestrian versus vehicle.

2. Procedural History
This minor’s compromise was originally heard and conditionally granted (pending probate review of Special Needs Trust) on December 10, 2013. The probate review was negative and the petition was ultimately denied.

3. Merits of Motion
NAME OF MINOR: Ky My Truong
NAME OF GUARDIAN AD LITEM: Thao Chung (father)
NAME OF DEFENDANT: Konstanty Makowski

Settlement: ……………………………………………. $ 25,000.00
Medical Bills: ………………………………………….. $ 3,000.00
Attorneys’ fees:………………………………………. $ 5,000.00
Litigation costs:……………………………………….. $ 2,987.81
TOTAL TO BE PAID TO MINOR:…………………… $ 14,012.19

A. General Requirements
• Petition on Form MC-350? yes
• Proposed Order on Form MC-351? No proposed order submitted
• Proof of service on other parties? yes

B. Type of injury, medical expenses:
• Medical records documenting injuries and treatment? yes
• Negotiated reduction in medical liens? yes
• Injuries completely healed? No. Traumatic brain injury has caused severe cognitive impairment.

C. Handling of funds
• How are settlement funds to be disposed of: Special Needs Trust
• Order to Deposit Money into Blocked Account on Form MC-355? n/a

D. Attorneys’ Fees and Litigation Costs
• Attorneys’ fees requested? yes
• If yes, attorney declaration [CRC Rule 7.955(b)]? yes
• Copy of retention agreement? yes (highly redacted)
• Litigation costs requested? yes

E. Conclusion:
This is a case in which Plaintiffs’ injuries far exceed the insurance available. The attorney is seeking only 20% of the total, which is probably so that Plaintiffs can receive as much as possible. The declaration of counsel indicates that his firm’s fee has been reduced from 40% to 20%.
Although the petition indicates on-going brain injury, the medical records attached are not recent. However, given that the settlement does not even cover past medical damages (if not for the reduced lien agreed to by Medi-Cal), there does not seem to be any purpose in requiring more current medical records.