Petition to Approve Compromise of Minor (Judge Holly J. Fujie)


Case Number: BC550322??? Hearing Date: November 07, 2016??? Dept: 98

BROOKLYN JARRETT, a minor, by and through her Guardian ad Litem, COURTNEY MOORE,
Plaintiff,
vs.

WOODCREST NAZARENE CHRISTIAN SCHOOL, et al.,
Defendants.

Case No.: BC550322

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF MINOR

Dept. 98
1:30 p.m.
November 7, 2016

On July 3, 2014, Plaintiff Brooklyn Jarrett, a minor, by and through her Guardian ad Litem, Courtney Moore (?Plaintiff?), filed this action for alleged damages arising out of a fall on a playground. Plaintiff has agreed to settle her claims with Defendants Woodcrest Nazarene Christian School and Krauss Craft, Inc. dba Playcraft Systems in the amount of $80,000.00. If approved, $4,637.34 of the settlement proceeds will be used for medical expenses, $32,000.00 for attorney?s fees, and $16,964.33 for expenses, for a remaining balance of $26,398.33. The remaining balance will be invested in a single-premium deferred annuity, subject to withdrawal only upon authorization of the Court.

Court approval is required for all settlements of a minor?s claim. Cal. Probate Code ?? 3500, 3600, et seq.; Cal. Code of Civ. Proc. ? 372. The Court notes that the requested attorney?s fee amounts to 40% of the total settlement. Plaintiff?s Counsel was retained on October 28, 2013 and performed the following: ordered Plaintiff?s medical history and billing records, sent a demand letter, propounded written discovery and reviewed responses, filed this action, attended and/or defended seven depositions, attended two private mediations, and negotiated Plaintiff?s liens.

The Court finds that the above-described services to not support a 40% attorney?s fee. The Court finds that a 35% attorney?s fee is fair and reasonable, for an award of $28,000.00.

Per California Rules of Court, Rule 7.952, Petitioner Courtney Moore (?Petitioner?) and Plaintiff must appear at the hearing, unless the Court finds good cause to excuse their appearance. The Court notes that Plaintiff is seven (7) years of age and therefore excuses her appearance at the hearing.

In In light of the foregoing, the Petition is GRANTED on the condition that Petitioner appear at the hearing and Counsel accept the reduced attorney?s fee of $28,000.00.

Dated this 7th day of November, 2016

Hon. Holly J. Fujie
Judge of the Superior Court