[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE; DENIED
Claimant Manual Humberto Guevarra Ibarra (“Claimant”), a minor, by and through his Guardian Ad Litem, Manual Humberto Guevarra Moran (“Petitioner”), has agreed to settle his claims against Defendants in exchange for $152,802.50. Of this amount, $20,378.73 will reimburse Medi-Cal, $61,121 will go to attorney fees, $14,434.07 will reimburse expenses, leaving $56,868.87 for Claimant. If approved, the settlement will be invested in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the court.
Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable.
Petitioner has not provided any supporting documents for counsel’s 40% attorney’s fees. Counsel has not provided a declaration or retainer agreement. The court must apply a reason
Hearing Date
January 31, 2019
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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[TENTATIVE] ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE; DENIED
Claimant Manual Humberto Guevarra Ibarra (“Claimant”), a minor, by and through his Guardian Ad Litem, Manual Humberto Guevarra Moran (“Petitioner”), has agreed to settle his claims against Defendants in exchange for $152,802.50. Of this amount, $20,378.73 will reimburse Medi-Cal, $61,121 will go to attorney fees, $14,434.07 will reimburse expenses, leaving $56,868.87 for Claimant. If approved, the settlement will be invested in a single-premium deferred annuity, subject to withdrawal only upon the authorization of the court.
Court approval is required for all settlements of a minor’s claim. (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) The Court has reviewed the proposed settlement and finds that it is fair and reasonable.
Petitioner has not provided any supporting documents for counsel’s 40% attorney’s fees. Counsel has not provided a declaration or retainer agreement. The court must apply a reason