arrow left
arrow right
  • RASHAD AVERELL URSERY, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, GAYLE R. GORDON, ET AL. VS MORRIS CLAUDE, ET AL. Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction) document preview
  • RASHAD AVERELL URSERY, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, GAYLE R. GORDON, ET AL. VS MORRIS CLAUDE, ET AL. Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction) document preview
						
                                

Preview

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Spring Street Courthouse, Department 31 20STCV33824 September 28, 2022 RASHAD AVERELL URSERY, A MINOR, BY AND 4:17 PM THROUGH HIS GUARDIAN AD LITEM, GAYLE R. GORDON, et al. vs MORRIS CLAUDE, et al. Judge: Honorable Audra Mori CSR: None Judicial Assistant: J. Aguayo ERM: None Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): No Appearances NATURE OF PROCEEDINGS: Court Order Re: DENYING EXPEDITED PETITION TO APPROVE COMPROMISE WITHOUT PREJUDICE The Court reads and reviews the expedited petition and rules as follows: Plaintiff Rashad Averell Ursery (“Plaintiff”), by and through his guardian ad litem, Gayle R. Gordon (“Petitioner”), filed this action against Defendants Morris Claude, Special Olympics Southern California, Inc. (“Special Olympics”), and City of Los Angeles for injuries Plaintiff sustained after being bitten by dogs while training with Special Olympics. Plaintiff is an adult person with a disability and requires judicial approval of his settlement. Plaintiff suffered dog bite marks to his abdomen; he has now recovered completely. Plaintiff, by and through his guardian ad litem and counsel, has agreed to settle the case with Special Olympics for the total amount of $7,500.00. If the settlement is approved, $2,475 will be used for attorney’s fees and $1,881.33 for costs. Petitioner proposed that the net balance of $3,143.67.02 be paid or transferred to Plaintiff. The expedited petition is denied without prejudice for the following reasons: • Petitioner requests approximately 33% of Plaintiff’s settlement be used for attorney’s fees. The court is not satisfied the efforts in this case justify such a high fee. The court asks counsel to reduce the fee in connection with an amended petition. The court does not typically award attorneys’ fees in excess of 25% in cases involving minors or persons with a disability absent extraordinary efforts on the part of counsel. • The court cannot locate proof of service of the petition on Defendant. • The exhibits are not properly tabbed using the “outlines” feature of eCourt; the Court cannot meaningfully review the exhibits without proper tabs. Minute Order Page 1 of 2