Amended Notice of Petition for Approval of Compromise of Claim
JUNE 1, 2026 LAW AND MOTION CALENDAR PAGE 12 JUDGE: HONORABLE DAVID A. SILBERMAN, DEPARTMENT 11 ________________________________________________________________________
02:00 PM LINE 6 24-CIV-08188 SEDANUR BATKITAR BY AND THROUGH HER GUARDIAN LITEM VS. NICOLAS PICCININNI, ET AL
SEDANUR BATKITAR BY AND THROUGH HER GUARDIAN LITEM IRA LESHIN NICOLAS PICCININNI NICHOLAS SYREN
Amended Notice of Petition for Approval of Compromise of Claim
TENTATIVE RULING:
The unopposed petition for approval of a compromise of a claim filed by Abdusselam Batkitar, as father and guardian ad litem for the minor plaintiff Sedanur Batkitar, is GRANTED, subject to counsel for Plaintiff noticing attendance at the law and motion hearing on this motion and (1) confirming on the record that the references to the Board of Supervisors in the declaration of Ira Leshin are in error and should refer to the school board; and (2) providing the information that should have been contained in Attachment 18(b)(2) referenced on page 8 of the petition to be incorporated in the final ruling. The court finds that the settlement is fair and reasonable.
A petition for court approval of a compromise of a minor’s claim must be verified by the petitioner and must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise. Cal. Rule of Court, Rule 7.950. The court must use a reasonable fee standard when approving and allowing the amount of the 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 representative of the minor based on the facts and circumstances existing at the time the agreement was made. (Cal.
Rules of Court, Rule 7.955(a)(2).) The petition to approve a fee must include a declaration addressing the factors listed in Rule 7.955(b) that are applicable to the matter before the court. The petition, unopposed by defendants, meets the requirements of the California Rules of Court. Counsel’s Declaration in support of attorney’s fees also demonstrates that the requested fees meet the requirements set forth by the California Rules of Court.
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The court has reviewed the petition and supporting materials, including the amended declaration of Ira Leshin. Having weighed the results achieved for the minor, and the factors set forth in California Rules of Court, Rule 7.955(b), including exhibits showing that the representation was on a contingent fee basis and counsel’s representations as to the work performed as well as the nature of the injury, the court finds that the requested fees are fair and reasonable.
The court will sign an Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability (MC-351) if completed by Plaintiff’s counsel and filed with the clerk.
Any party who contests a tentative ruling must email Dept11@sanmateocourt.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests.
JUNE 1, 2026 LAW AND MOTION CALENDAR PAGE 13 JUDGE: HONORABLE DAVID A. SILBERMAN, DEPARTMENT 11 ________________________________________________________________________ If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, plaintiff’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.