Tentative Ruling: Matter of Audriana Weston

Case Number

25PR00369

Case Type

Hearing Date / Time

Wed, 08/27/2025 - 08:30

Nature of Proceedings

Minor’s Compromise

Tentative Ruling

Probate Notes:

Appearances required. 

The following must be corrected before the hearing:

Attorney’s fees too high.  The petition (¶14) requires information re: attorney’s fees and expenses. The form instructs: “If fees are requested, attach as Attachment 14a, a declaration from the attorney explaining the basis for the request, including a discussion of applicable factors listed in rule 7.955(b) of the Cal. Rules of Court. Include a copy of any written attorney fee agreement in Attachment 15a.”

California Rules of Court, rule 7.955 does not dictate a presumptively reasonable percentage or mathematical method of determining the appropriate attorney fees under a contingency agreement. However, this Court will not approve an attorney’s fee higher than 25% without evidence showing the claim was specifically more difficult to litigate to settlement, or required highly specialized skill.

Inappropriate Structured Settlement.  The proposal includes a payout date far past the minor’s 18^th birthday. It is the policy of this court to place funds in a blocked account.  (Local Rule 1735—“Absent a showing of good cause, it is the policy of the Court to order all funds disbursed to a minor be deposited into a blocked account.”) Absent a showing of good cause the settlement funds will be ordered into a blocked account to disburse upon the minor’s 18^th birthday.