Case Number: BC601242??? Hearing Date: April 11, 2017??? Dept: 98
KATIE WASHINGTON, et al.,
Plaintiffs,
vs.
VARIETY MEDIA, LLC, et al.,
Defendants.
Case No.: BC601242
[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF MINORDept. 98
1:30 p.m.
April 11, 2017
On November 13, 2015, Plaintiffs Katie Washington (?Petitioner?); Ever Washington, a minor, by and through his Guardian ad Litem, Katie Washington (?Claimant?); and The Estate of Melvin Washington, by and through its Successor-in-Interest, Katie Washington filed this action for the death of Melvin Curtis Washington in a July 28, 2015 vehicle versus motorcycle collision. Claimant has agreed to settle his claim with Defendants Variety Media, LLC and Henry Deas, III in the total amount of $1,500,000.00. If approved, $375,000.00 of the settlement proceeds will be used for attorney?s fees and $38,625.76 for expenses, for a remaining balance of $1,086,374.24. 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 has reviewed the proposed settlement and finds that it is fair and reasonable. The Court further finds the requested attorney?s fee, which amounts to 25% of the total settlement, to be fair and reasonable. The Court is therefore inclined to grant the Petition
Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance. The Court notes that Claimant is only three (3) years of age and excuses his appearance at the hearing. The Court requires both Petitioner to appear.
Rule 7.955(c) requires an attorney?s declaration in support of the requested attorney?s fee. The Court notes that no declaration has been provided with the Petition. Counsel is instructed to provide the Court with a copy of the declaration at the hearing.
In light of the foregoing, the Petition will be GRANTED on the conditions that Petitioner appear at the hearing and an attorney declaration in support of the requested attorney?s fee is provided at that time.
Dated this 11th day of April, 2017
Hon. Holly J. Fujie
Judge of the Superior Court