CHRISTIANSEN v. NISBET

May 15, 2026 Dept. 9 Tentative Rulings

6. 26CV0806 CHRISTIANSEN v. NISBET Compromise Minor’s Claim

On March 19, 2026, Soren Christensen, a parent of the minor who is the subject of this filed an ex parte application to be appointed guardian ad litem for the purpose of this proceeding, which was approved by the court on March 24, 2026.

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This is a Petition to compromise a minor’s claim. The Petition states the minor sustained serious injuries including subdural hematoma, T7 compression fracture, pubic rami fracture and sacral fracture resulting from an accident in 2020. A copy of the accident investigation report was filed with the Petition, as required by Local Rule 7.10.12A(4). Petitioner requests the court authorize a compromise of the minor’s claim against defendant/respondent in the gross amount of $675,000.00.

The Petition states the minor incurred 471,375.72 in medical expenses, of which the negotiated amount of $140,000 will be deducted from the settlement. This includes reimbursement of $109,200.00 in medical expenses to be paid to private health insurance as well as a lien from UC Davis Medical Center for $30,800.00. Copies of invoices for the claimed medical expenses are not attached to the Petition as required by Local Rules of the El Dorado County Superior Court, Rule 7.10.12A.(6).

The Petition states that the minor has not fully recovered and that the minor will suffer from permanent residual cognitive issues and anxiety. A doctor’s report concerning the minor’s condition and prognosis of recovery is attached, as required by Local Rules of the El Dorado County Superior Court, Rule 7.10.12A.(3).

The minor’s attorney requests attorney’s fees in the amount of $230,000.00, which represents 34% of the gross settlement amount. The court uses a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability. (Local Rules of the El Dorado County Superior Court, Rule 7.10.12A.(8); California Rules of Court, Rule 7.955(a)(1).) The Petition does include a Declaration by the attorney as required by California Rules of Court, Rule 7.955(c).

The minor’s attorneys also request reimbursement for costs in the amount of $2,295.99 and $10,989.87. There are no copies of bills substantiating the claimed costs attached to the Petition as required by Local Rules of the El Dorado County Superior Court, Rule 7.10.12A.(6).