Tentative Rulings

Case Number: BC657061    Hearing Date: October 22, 2020    Dept: 28

Superior Court of California

County of Los Angeles

Spring Street, Department 28

Having reviewed Expedited Petition to Approve Compromise of Pending Action of a Minor, Jeremiah Johnson (“Claimant”), Age 14, filed on June 24, 2020, the Court finds that the petition is cannot be approved for two reasons.

First, the Court does not have jurisdiction over this matter because the action was dismissed without prejudice on February 20, 2019. (See Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 262 fn. 6.)

Second, paragraph 13 is not completed

Petitioner Connie Lawrence is ordered to give notice of this ruling.

Dated:

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Hon. Daniel M. Crowley

Judge of the Superior Court

Case Number: BC657061    Hearing Date: January 16, 2020    Dept: 28

Jeremiah Johnson v. Smart & Final Stores, Inc.

CASE NUMBER: BC657061

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Expedited Petition to Approve Compromise of Pending Action of a Minor, Jeremiah Johnson, Age 12

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TENTATIVE: Deny the petition.

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FACTS: Claimant Jeremiah Johnson (“Claimant”) slipped and fell, which caused a laceration to a finger of his.

This is an expedited petition without a hearing, which is permitted under California Rules of Court, rule 7.950.5, so long as Petitioner Noelle Marchand (“Petitioner”) uses the required Judicial Council forms and meets certain conditions. The settlement must not exceed $50,000. The conditions are:

¿ Petitioner is represented by an attorney.

¿ The claim is not for wrongful death.

¿ Settlement proceeds will not be placed in a trust.

¿ There are no unresolved liens to be satisfied from the proceeds of the settlement.

¿ Petitioner’s attorney did not become involved at the request of Defendant or the insurance carrier

¿ Petitioner’s attorney is not employed by nor associated with a Defendant or insurance carrier in connect with the petition

¿ If an action is filed, all Defendants have appeared and are participating in the compromise OR the court has determined the settlement to be in good faith

¿ The settlement, exclusive of interests and costs, is $50,000 or less

¿ OR if greater than $50,000, the amount payable is the insurance policy limits AND all

proposed contributing parties would be substantially unable to use assets other than the insurance policy limits.

¿ AND the court does not otherwise order.

SETTLEMENT: $7,500

INJURIES: Finger laceration.

MEDICAL EXPENSES: $214.74.

COSTS: $685.

ATTORNEY’S FEES: $1,875, which is 25% of the gross settlement.

“A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” (Cal Rules of Court, Rule 7.955, subd. (c).)

DEFECTS:

The petition cannot be granted for three reasons.

First, the Court does not have jurisdiction over this matter because the action was dismissed without prejudice on February 20, 2019. (See Gogri v. Jack in the Box Inc. (2008) 166 Cal.App.4th 255, 262 fn. 6.)

Second, there are no attachments to the petition, including Attachments 10, 14a, 14c(2), 15a, 19a, or 20b(2).

Third, paragraph 13 is not completed.