David Gomez et al v Conrad Torres

Case Number

21CV00971

Case Type

Hearing Date / Time

Thu, 04/13/2023 - 08:30

Nature of Proceedings

Minor's Compromise

Tentative Ruling

The following must be submitted before the court will consider the request:
 

1.     A supplement that addresses whether the minor has ongoing medical issues. The petition asserts that minor’s respiratory issues have completely dissipated. However, there is no report of the claimant’s current condition, as is required. (See Petition, paragraph 8.)   In fact, the treating physician, Dr. Robin Bernhoft, states in an email: “[Petitioner and claimant] have suffered significant injury and will require two to three years of treatment to recover at an annual cost of about $11,000 each.” (Exh. 8, emphasis added.)

2.     A supplement that with a more robust discussion of the apportionment of the settlement payments in light of the doctor’s statement, above.

3.     A declaration from attorney explaining the basis for the fee request, including a discussion of applicable factors listed in rule 7.955/b) of the Cal. Rules of Court. (Petition, paragraph 13a.) The contingency fee agreement is not dispositive as it was not previously approved by the court. (California Rules of Court, rule 7.955(a).)

4.     Amendment to petition (and proposed order) requesting distribution to a blocked account and submission of a separate proposed "Order To Deposit Money Into Blocked Account" (MC-355).

 
Appearances required. (CRC 7.952.)
 

     If the petition is granted, it is recommended that the court set a review hearing within six weeks. If the Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account has been received at least one week prior to the hearing, no appearance will be required.

Meeting ID: 161 797 5412

Passcode: 8749009