Graciela Cisneros de Porras v Santiago Charco Sanchez et al

Garcia, through his guardian ad litem Gonzalez, requests that the balance of his settlement, after the above disbursements, be deposited in an insured account with US Bank, located at 20 East Carrillo Street, Santa Barbara. (Petitions, P. 18, subd. (b) & Proposed Order, P. 9.)

The Court has reviewed the petition, along with the attachments, and finds that the settlement is generally fair, reasonable, and in the best interests of the minor Plaintiff. However, the Court intends on reducing the amount of attorney's fees from the requested 40 percent to a reasonable 33 1/3 percent of the total amount recovered, or $25,000.00.

The California Rules of Court require that the Court must use 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. (Cal. Rules of Court, rule 7.955(a)(1).) The Court must consider the terms of any representation agreement made between the attorney and the minor's representative. In determining a reasonable attorney's fee, the Court may consider the nonexclusive list of factors in the rule of Court. (Cal. Rules of Court, rule 7.955(b).)

Three of the nonexclusive factors for the Court to consider in determining a reasonable attorney's fee are: "The amount of the fee in proportion to the value of the services performed." (Cal. Rules of Court rule 7.955(b)(2).); "The novelty and difficulty of the questions involved and the skill required to perform the legal services properly." (Cal. Rules of Court rule 7.955 (b)(3); and "The time and labor required." (Cal. Rules of Court rule 7.955(b)(8).)

While the Court acknowledges the hard work and excellent representation provided to Garcia by his attorney, this was not a particularly contentious or complicated case. Based on the declaration of Plaintiff's counsel, there was limited discovery and limited litigation in general. The Court does not find that 40 percent is justified. The Court will reduce that amount to 33 1/3 percent.