Valdivia v. Castillo CA2/5

Filed 1/21/14 Valdivia v. Castillo CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

MAYGEN VALDIVIA, a minor etc. et al., B247766

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. VC058774) v.

CARLOS CASTILLO et al.,

Defendants;

KABATECK BROWN KELLNER LLP,

Petitioner and Appellant.

APPEAL from orders of the Superior Court of the County of Los Angeles, Robert Higa, Judge. Affirmed. Kabateck Brown Kellner, Richard L. Kellner, Douglas A. Rochen for Petitioner and Appellant. No appearance for Plaintiffs and Respondents.

INTRODUCTION

Petitioner and appellant Kabateck Brown Kellner LLP (the law firm) appeals from the trial court’s order granting, in part, the law firm’s petitions for an award of attorney fees made in connection with the approval of two minors’ compromises. According to the law firm, the trial court committed legal error when it applied a preempted local rule to reduce the amount of attorney fees awarded from the requested 40% of the minors’ recovery to 25%. We hold that because the record does not reflect that the trial court applied the wrong legal standard, the law firm’s claim of legal error is unsubstantiated. We therefore affirm the order awarding attorney fees.

PROCEDURAL BACKGROUND

Maygen and Adrian Valdivia (minors), through their guardian ad litem David Valdivia, sued several defendants for the wrongful death of their mother. The law firm represented the minors.1 According to the minors, defendant Carlos Castillo, while