****3921
03/14/2017
Pending - Other Pending
Contract - Other Contract
Los Angeles, California
GREGORY KEOSIAN
LANDA DANIELA ISAURA
LANDA EVA A.
LANDA DANIEL JESUS
ALVARADO SARA ABIGAIL
AVILA ANTONIO
AVILA STACEY
HAIEM BITA N.
CASTELBLANCO ERIC E. ESQ.
MEYERS MCCONNELL REISZ SIDERMAN
SIDERMAN MEYERS MCCONNELL REISZ
8/17/2018: EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES; MEMORANDUM OF POINTS AND AUTHORITIES
8/17/2018: DECLARATION OF DANIEL A. EISENBERG IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES
8/17/2018: DECLARATION OF S. SETH KERSHAW IN SUPPORT OF EX PARTE APPLICATION TO CONTINUE TRIAL AND OTHER DATES
8/17/2018: Minute Order
3/1/2019: Minute Order
4/17/2019: Declaration
4/18/2019: Minute Order
4/18/2019: Ex Parte Application
4/18/2019: Stipulation and Order
7/24/2018: Minute Order
11/28/2017: NOTICE OF UNAVAILABILITY OF COUNSEL
3/14/2017: HABITABILITY COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
3/14/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.
3/14/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.
3/29/2017: SUMMONS
4/4/2017: Unknown
4/4/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
4/6/2017: Unknown
Docketat 08:30 AM in Department 61; Hearing on Ex Parte Application (To Continue Trial and Other Dates) - Held
[-] Read LessDocketMinute Order ( (Hearing on Ex Parte Application To Continue Trial and Other D...)); Filed by Clerk
[-] Read LessDocketStipulation and Order (to Continue Trial); Filed by Bita N. Haiem (Defendant)
[-] Read LessDocketEx Parte Application (To Continue Trial and Other Dates); Filed by Bita N. Haiem (Defendant)
[-] Read LessDocketDeclaration (In Support of Ex Parte Application to Continue Trial); Filed by Bita N. Haiem (Defendant)
[-] Read LessDocketat 09:00 AM in Department 61; Post-Mediation Status Conference - Held
[-] Read LessDocketMinute Order ( (Post-Mediation Status Conference)); Filed by Clerk
[-] Read LessDocketat 09:00 AM in Department 61; Jury Trial (Jury Trial; Continued by Court) -
[-] Read LessDocketMinute order entered: 2018-10-02 00:00:00; Filed by Clerk
[-] Read LessDocketat 09:00 AM in Department 61; Final Status Conference (Final Status Conference; Continued by Court) -
[-] Read LessDocketSummons Issued; Filed by Clerk
[-] Read LessDocketSummons; Filed by Clerk
[-] Read LessDocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
[-] Read LessDocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
[-] Read LessDocketApplication ; Filed by Plaintiff/Petitioner
[-] Read LessDocketApplication ; Filed by Plaintiff/Petitioner
[-] Read LessDocketComplaint; Filed by Eva A. Landa (Plaintiff); Daniel Jesus Landa (Plaintiff); Daniela Isaura Landa (Plaintiff) et al.
[-] Read LessDocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.
[-] Read LessDocketHABITABILITY COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
[-] Read LessDocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.
[-] Read LessCase Number: ****3921 Hearing Date: February 05, 2020 Dept: 61
Plaintiffs Danny Osvaldo Avila’s and Victor de Jesus Avila’s Petitions to Confirm Minor’s Compromise are GRANTED.
PETITION FOR MINOR’S COMPROMISE
The settlement that Plaintiffs seek to have approved is as follows. The global settlement amount offered to all Plaintiffs by Defendant Bita N. Haiem is $789,592.00. (Petition at p. 3.) Of this amount, $349,316.40 shall go to attorney fees, representing roughly 44.24% of the gross settlement, taken from a 45% share of the adults’ gross receipts and a 25% share of the minors’ gross receipts. (Petition Att. 18f.) An additional $37,519.00 are allocated to expenses. (Ibid.) The total net receipts for the adult plaintiffs (from a gross amount of $759,592.00) comes to $380,256.60, while the total net amount for minors (from a gross amount of $30,000, or $15,000 per minor) comes to $22,500, or $11,250.00 for each claimant. (Ibid.) No expenses have been deducted from the minors’ share. (Petition at p. 6.) The funds shall be deposited in accounts where withdrawal is subject to a court order. (Petition at p. 8.)
In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, 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 or a person with a disability.
The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.
(CRC Rule 7.955, subd. (a)(1)–(2).)
Based on the fee agreement between Plaintiffs and their counsel, which is attached to the petitions here, and on the factors identified in CRC Rule 7.955, subd. (b), the court finds that the 25% contingency fee charged in this matter to the minor plaintiffs was within reason.
Plaintiffs’ Petitions to Approve Minors’ Compromise are GRANTED.
Plaintiffs to provide notice.