On 03/14/2017 EVA A LANDA filed a Contract - Other Contract lawsuit against BITA N HAIEM. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GREGORY KEOSIAN. The case status is Pending - Other Pending.
****3921
03/14/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GREGORY KEOSIAN
LANDA DANIELA ISAURA
LANDA EVA A.
LANDA DANIEL JESUS
ALVARADO SARA ABIGAIL
AVILA ANTONIO
AVILA STACEY
HAIEM BITA N.
DOES 1 TO 100
AVILA DANNY OSVALDO
AVILA VICTOR DE JESUS
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
3/1/2019: Minute Order
4/17/2019: Declaration
4/18/2019: Ex Parte Application
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.
3/29/2017: SUMMONS
5/12/2017: DECLARATION
5/15/2017: Minute Order
5/16/2017: NOTICE OF CIVIL DEPOSIT
5/16/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
6/1/2017: Unknown
6/15/2017: CIVIL DEPOSIT
6/15/2017: Unknown
6/15/2017: Minute Order
at 08:30 AM in Department 61; Hearing on Ex Parte Application (To Continue Trial and Other Dates) - Held
Minute Order ( (Hearing on Ex Parte Application To Continue Trial and Other D...)); Filed by Clerk
Stipulation and Order (to Continue Trial); Filed by Bita N. Haiem (Defendant)
Ex Parte Application (To Continue Trial and Other Dates); Filed by Bita N. Haiem (Defendant)
Declaration (In Support of Ex Parte Application to Continue Trial); Filed by Bita N. Haiem (Defendant)
at 09:00 AM in Department 61; Post-Mediation Status Conference - Held
Minute Order ( (Post-Mediation Status Conference)); Filed by Clerk
at 09:00 AM in Department 61; Jury Trial (Jury Trial; Continued by Court) -
Minute order entered: 2018-10-02 00:00:00; Filed by Clerk
at 09:00 AM in Department 61; Final Status Conference (Final Status Conference; Continued by Court) -
Summons Issued; Filed by Clerk
Summons; Filed by Clerk
Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
Ord Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner
Application ; Filed by Plaintiff/Petitioner
Application ; Filed by Plaintiff/Petitioner
Complaint; Filed by Eva A. Landa (Plaintiff); Daniel Jesus Landa (Plaintiff); Daniela Isaura Landa (Plaintiff) et al.
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.
HABITABILITY COMPLAINT FOR DAMAGES; DEMAND FOR JURY TRIAL
APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN ETC.
Case Number: BC653921 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.