METAL COHEN ET AL VS BARBARA JOYCE GRANT

Tentative Rulings

Case Number: ****5590    Hearing Date: December 04, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Metal Cohen and Meidan Jeddah, a minor by and through his GAL, Metal Cohen, filed this action against Defendant, Barbara Joyce Grant for damages arising out of an automobile accident. Plaintiff suffered a traumatic brain injury as a result of the accident and has ongoing complaints of neurological issues as a result of the accident.

Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $100,000. If approved, $33,333.33 will be used for attorneys’ fees, $7,529.70 for medical expenses, and $14,868.07 for costs of suit. Petitioner proposes to use the balance of $44,268.90 to fund a special needs trust.

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 33% of the total settlement, and Counsel’s declaration establishes unusual efforts were made in connection with the case.

This matter was previously heard on 3/2/20, where the court ruled:

After reading and considering all papers submitted and conferring with counsel for the petitioner

and the counsel for the Special Needs Trust, the Court continues the matter for further medical

evaluation and report for the Court to determine if this matter should be under a Special Needs

Trust. Counsel for petitioner is to electronically file the original and have a courtesy copy

delivered to the Court no later than 5/7/20. The Court will continue this matter for 90 days.

(Minute Order 3/2/20 [emphasis added].) Based on current conditions, including, but not limited to, the spread of COVID-19, the court then set this matter to be heard 9/18/20.

Petitioner, however, did not file any further medical evaluations or reports prior to the 9/18/20 hearing. Thus, the court could not determine whether this matter should be under a special needs trust, and the hearing was continued to 12/4/20.

As of 11/30/20, the court has not received any further medical evaluations or reports. Therefore, the court takes the matter off-calendar. If petitioner re-files the petition, Petitioner must include the additional medical evaluations and reports previously ordered.

Petitioner is ordered to give notice.

Dated this 4^th day of December, 2020

Case Number: ****5590    Hearing Date: September 18, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Metal Cohen and Meidan Jeddah, a minor by and through his GAL, Metal Cohen, filed this action against Defendant, Barbara Joyce Grant for damages arising out of an automobile accident. Plaintiff suffered a traumatic brain injury as a result of the accident and has ongoing complaints of neurological issues as a result of the accident.

Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $100,000. If approved, $33,333.33 will be used for attorneys’ fees, $7,529.70 for medical expenses, and $14,868.07 for costs of suit. Petitioner proposes to use the balance of $44,268.90 to fund a special needs trust.

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 33% of the total settlement, and Counsel’s declaration establishes unusual efforts were made in connection with the case.

This matter was heard on 3/2/20, where the court ruled:

After reading and considering all papers submitted and conferring with counsel for the petitioner

and the counsel for the Special Needs Trust, the Court continues the matter for further medical

evaluation and report for the Court to determine if this matter should be under a Special Needs

Trust. Counsel for petitioner is to electronically file the original and have a courtesy copy

delivered to the Court no later than 5/7/20. The Court will continue this matter for 90 days.

(Minute Order 3/2/20 [emphasis added].) Based on current conditions, including, but not limited to, the spread of COVID-19, the court then set this matter to be heard 9/18/20.

However, as of 9/14/20, the court has not received any further medical evaluations or reports. The court, thus, cannot determine whether this matter should be under a Special Needs Trust. The petition to approve minor’s compromise is continued to _____{{TBD}}___________, 2020.

Petitioner is ordered to give notice.

Dated this 18^th day of September, 2020

Case Number: ****5590    Hearing Date: March 02, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Metal Cohen and Meidan Jeddah, a minor by and through his GAL, Metal Cohen, filed this action against Defendant, Barbara Joyce Grant for damages arising out of an automobile accident. Plaintiff suffered a traumatic brain injury as a result of the accident, and has ongoing complaints of neurological issues as a result of the accident.

Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $100,000. If approved, $33,333.33 will be used for attorneys’ fees, $7529.70 for medical expenses, and $14,868.07 for costs of suit. Petitioner proposes to use the balance of $44,268.90 to fund a special needs trust.

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 33% of the total settlement, and Counsel’s declaration establishes unusual efforts were made in connection with the case.

The Court has notes from the probate attorney concerning the proposed special needs trust. The Court will discuss the notes with Petitioner and Counsel at the time of the hearing.

Per CRC 7.952, Petitioner and Plaintiff must appear at the hearing unless the Court finds good cause to excuse their appearance. Plaintiff is four years old, and the Court therefore finds good cause to excuse him from appearance and testimony. If the Court is satisfied with Petitioner’s testimony at the hearing, and if all concerns regarding the special needs trust are resolved, the petition will be granted.

Petitioner is ordered to give notice.

Dated this 2^nd day of March, 2020

Case Number: ****5590    Hearing Date: February 28, 2020    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs, Metal Cohen and Meidan Jeddah, a minor by and through his GAL, Metal Cohen, filed this action against Defendant, Barbara Joyce Grant for damages arising out of an automobile accident.  Plaintiff suffered a traumatic brain injury as a result of the accident, and has ongoing complaints of neurological issues as a result of the accident. 

Plaintiff, by and through his GAL and attorney, has agreed to settle this action with Defendant for the total amount of $100,000.  If approved, $33,333.33 will be used for attorneys’ fees, $7529.70 for medical expenses, and $14,868.07 for costs of suit.  Petitioner proposes to use the balance of $44,268.90 to fund a special needs trust.

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 33% of the total settlement, and Counsel’s declaration establishes unusual efforts were made in connection with the case.

The Court has notes from the probate attorney concerning the proposed special needs trust.  The Court will discuss the notes with Petitioner and Counsel at the time of the hearing. 

Per CRC 7.952, Petitioner and Plaintiff must appear at the hearing unless the Court finds good cause to excuse their appearance.  Plaintiff is four years old, and the Court therefore finds good cause to excuse him from appearance and testimony.  If the Court is satisfied with Petitioner’s testimony at the hearing, and if all concerns regarding the special needs trust are resolved, the petition will be granted.

Petitioner is ordered to give notice.

Dated this 2^nd day of March, 2020