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MC —351
ATTQRNEY oR pARTY Ye 7HDUT ATTQRNEY (Name. Blare Bar numser, and addiessf FOR COURT USE ONLY
JERK W. COLEMAN, ff117306
NUTTALL & COLEMAN, 2333 Merced Street
Fresno, CA 93721
TELEPHDNE Noc (559) 233-2900 FAX 559-485-3852
No (OpaonaSi
E-MAIL ADDRESS (Oplmnagi
ATTDRNFYFDR(Nsmex Plaintiff, Charles Picou, V
SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO
MREETAoDREBB: 1130 aOo Street
MAILING
Fresno, CA 93721
ADDRESS'ITYAND2IPODDE:
BRANCH NAME C IVI
I RECEIVED
10/28/2020 11:13 AM
CASE NAME:
FRESNO COUNTY SUPERIOR COURT
PICOU V. CUMMINGS, ET AL. By: A. Ramos, Deputy
ORDER APPROVING: CASE NUMBER.
COMPROMISE OF DISPUTED CLAIM 20CECG03166
COMPROMISE OF PENDING ACTION
C3 DISPOSITION OF PROCEEDS OF JUDGMENT ANY'EPT..
HEARING DATE IF
Minor ~ Person With a Disability
1. petitioner (name): CHARLES Chai lie PICOU, IV has petitioned for court approval of a
proposed compromise of a disputed claim of a minor or a pending action involving a minor or a person with a disability or a
proposed disposition of the proceeds of a judgment for a minor or a person with a disability.
2.
a.
b.
~
Hearing
H
No hearing was held. The petition is an expedited petition under rule 7.950.5 of the California Rules of Court.
Date: Time: Dept.:
c. Judicial off(car:
3. Relationship to claimant
Petitioner has the following relationship or relationships to claimant (check a/I applicable boxes):
a.
b. ~
~
~y Parent
Guardianadlitem
c.
d. ~
~
Guardian
Conservator
e.
I ~ Claimant, an adult person with a disability, is the petitioner.
Other (specify):
4.
a. ~
Claimant (name):
~ is a minor.
b.
(1) ~
is a "person with a disability" within
(a) ~
the meaning of Probate Code section 3603 who is:
An adult. Claimant's date of birth is (specify):
Without a conservator. Claimant has capacity to consent to this order, within the meaning of
(b) ~ Probate Code section 812, and has consented to this order.
A conservatee; a person for whom a conservator may be appointed; or without capacity to
5. Defendant
(2) ~ consent to this order, within the meaning of Probate Code section 812.
A minor described in Probate Code section 3603(b)(3).
The claim or action to be compromised is asserted, or the judgment is entered, against (name of settling or judgment defendant or
defendants (fhe "payer")):
Dale and Sitah Cummings
Page 1 of a
"'"'"'MM'B""
Judlclsl Counol
Csldornia
ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING Pronate code, 5 3500 el seq.,
of
MC351 IRsv Jenuarf 1, 201o]ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR caL Rules of coun. reise Swan, 2 053
MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-351
CASE NAME: CASE NUMBER.
t PICOU V. CUMMINGS, ET AL.
6. THE COURT FINDS that all notices required by law have been given.
7, THE COURT ORDERS
a. The petition is granted and the proposed compromise of claim or action or the proposed disposition of the proceeds of the
b. ~
judgment is approved. 112,750.00
The gross amount or value of the settlemsnt or judgment in favor of claimant is $
Until further order of the court, jurisdiction is reserved to determine a claim for a reduction of a Medi-Cal lien under
Welfare and Institutions Code section 14124.76. The amount shown payable to the Department of Health Care Services
in item 7c(1)(d) of this order is the full amount of the lien claimed by the department but is subject to reduction on further
order of ths court upon determination of the claim for reduction,
c. The payer shall disburse the proceeds of ths settlement or judgment approved by this order
inthe following manner:
(1) Payment of fees and expenses
Fees and expenses shall be paid by one or more checks or drafts, drawn payable to the order of the petitioner and the
petitioner's attorney, if any, or directly to third parties entitled to receive payment identified in this order for the following
items of expense or damage, which are hereby authodized to be paid out of the proceeds of the settlement or judgment:
(a) ~d j3,167.35
Attorney's fees in the total amount of. $ payable to (specify):
Law Office of Nuttall & Coleman
(b) ~e'eimbursement for medical and all other expenses paid by the petitioner or ths
(c) ~ petitioner's attorney in the total amount of:
Medical, hospital, ambulance, nursing, and other like expenses payable directly to
providers as follows, in the total amount of: $ j3,919.41
(i) Payee (name): SCIO Health Analytics Escrow Account
(A) Address: 111 Ryan Court, Suite 300, Pittsburgh, PN 15205-1310
(S) Amount $ 2,612.94
(ii)Payee (name): CreedenCe AmneSty
(A) Address:
500.00
(d) ~ ~ (6) Amount: $
Continued on Attachment 7c(1)(c). (Provide information about additional payess in the above format.)
Other authorized disbursements payable directly to third parties in the total amount of: $
(Describe and stare the amount of each item and provide the name and address of each payee):
Continued on Attachment 7c(1)(d).
(e) ~K Total allowance for fees and expenses from the settlement or judgment; $ 17,167.36
ORDER APPROVING COIIPROMISE OF DISPUTED CLAIM OR PENDING Page 2 of 4
ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
MC-351
CASE NAME: CASE NUMBER.
t7.
PICOU V. CUMMINGS,
THE COURT ORDERS (cont.)
ET AL.
c. The payer shall disburse the proceeds of the settlement or judgment approved by this order in the following manner:
(2) Balance
The balance of the settlement or judgment available for claimant after payment of all allowed
fees and expenses is: $ 16,889.08
The balance shall be disbursed as follows:
(a) ~d 6,889.08
By one or more checks or drafts in the total amount of (specify):
$
drawn payable to the order of the petitioner as trustee for the claimant. Each such check or draft must bear an
endorsement on the face or reverse that it is for deposit in one or more interest-bearing, federally insured
accounts in the name of the petitioner as trustee for the claimant, and no withdrawals may be made from the
accounts except as provided in the Order to Deposit Money Into Blocked Account (form MC-355), which is
(b) ~ signed contemporaneously with this order (ablocked account").
By the following method(s) (describe each method, inc/uding the amount to be disbursed ):
(c) ~
~ Continued on Attachment 7c(2)(b).
If money is to be paid to a special needs trust under Probate Code section 3604, all statutory liens in favor
of the state Department of Health Care Services, the state Department of Mental Health, the state
Department of Developmental Services, and any city and county in California must first be satisfied by the
following method (specify):
8.
~ Continued on Attachment 7c(2)(c).
~v'urther orders of the court concerning blocked accounts
The court makes the following additional orders concerning any part of the balance ordered to be deposited in a blocked
account under item 7c(2)(a):
a. Within 48 hours of receipt of a check or draft described in item 7c(2)(a), the petitioner and the petitioner's attorney, if
any, must deposit the check or draft in the petitioner's name as trustee for the claimant in one or more blocked accounts
at (specify name, branch, and address of each depository, and the amount of each account):
Continued on Attachment 8a.
Page 3 of 4
ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING
ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR
IIIIINOR OR PERSON WITH A DISABILITY
(Miscellaneous)
CASE NAME: CASE
NUMBER'C-351
t PICOU V. CUMMINGS, ET AL.
Further orders of the court concerning blocked accounts
The court makes the following additional orders concerning any part of the balance ordered to be deposited in a blocked
account under item Tc(2)(a):
b. The petitioner and the petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of
the Order Io Deposit Money Into Blocked Account (form MC-355), which is signed contemporaneously with this order,
and three copies of the Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account (form
MC-356). The petitioner or the petitioner's attorney must file a copy of the receipt with this court within 15 days of the
deposit. The sole responsibilities of the petitioner and the petitioner's attorney, if any, are to place the balance in a
blocked account or accounts and to timely file a copy of the receipt.
c, The balance of the proceeds of the settlement or judgment deposited in a blocked account or accounts under item
(1) ~
Tc(2)(a) may be withdrawn only as follows (check(1) or (2)):
No withdrawals of principal or interest may be made from the blocked account or accounts without a further
written order under this case name and number, signed by a judge, and bearing the seal of this court. The
(2) ~ money on deposit is not subject to escheat.
The blockedaccountoraccounts belong toa minor. The minorwas born on (date):12/03/2008
No withdrawals of principal or interest may be made from the blocked account or accounts without a further
written order under this case name and number, signed by a judicial officer, and bearing the seal of this
court, until the minor attains the age of 18 years. When the minor attains the age of 18 years, the depository,
without further order of this court, is authorized and directed to pay by check or draft directly to the former
minor, upon proper demand, all moneys including interest deposited under this order. The money on deposit
is not subject to escheat.
Authorization to execute settlement documents
The petitioner is authorized to execute settlement documents as follows (check oniy one):
a. ~v Upon receipt of the full amount of the settlement sum approved by this order and the deposit of funds, the
petitioner is authorized and directed to execute and deliver to the payer a full, complete, and final release and
discharge of any and all claims and demands of the claimant by reason of the accident or incident described in
b. ~ the petition and the resultant injuries to the claimant and a properly executed dismissal with prejudice.
The petitioner is authodized and directed to execute any and all documents reasonably necessary to carry out
c. ~ the terms of the settlement.
The petitioner is authorized and directed (specify):
Continued on Attachment gc.
10. Bondis ~ orderedandfixedintheamountof: $ not required.
11.
12.~ Additional orders
served on the payer forthwith.
A copy of this order shall be
The court makes the following additional orders (specify):
Date:
~ Continued on Attachment 12.
JUDICIAL OFFICER
SIGNATURE FOLLOWS LAST ATTACHMENT
MCSSI IRev ORDER APPROVING COMPROMISE OF DISPUTED CLAINI OR PENDING
Jaooaff 1,2010i Page 4 of 4
ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR
MINOR OR PERSON WITH A DISABILITY
(lliliscellaneous)