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Adriana Christine Medina v. City of Culver City
2:23-cv-00704
| C.D. Cal. | Aug 9, 2024
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Background

  • Plaintiffs brought a civil action under 42 U.S.C. § 1983 following the fatal police shooting of Guillermo Medina, who was reportedly experiencing a mental health crisis.
  • Plaintiffs include Medina’s children, one of whom—J.G.M.—is a minor represented by a guardian ad litem.
  • The parties reached a settlement for a gross sum of $4,500,000, to be divided equally among the four Plaintiffs and their attorneys.
  • Plaintiffs’ counsel originally sought a 40% contingency fee from J.G.M.’s share, per a retainer agreement; the court found this amount too high given the circumstances.
  • The court reviewed and approved the settlement as to the minor J.G.M., reducing attorneys’ fees to 25% to better safeguard J.G.M.’s interests.
  • The settlement for J.G.M. will be structured as an annuity, with a net amount of $843,750 after attorneys’ fees.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the proposed settlement for minor J.G.M. should be approved as fair and reasonable The settlement is in J.G.M.’s best interests and fair under the circumstances No opposition Settlement approved as fair and reasonable
Whether attorneys’ fees of 40% of J.G.M.’s recovery are appropriate Retainer allows 40% contingency No opposition, but court oversight necessary Fee reduced to 25% to protect minor’s interests
Whether separate court approval is needed for Andrew G. Silva’s (now adult) settlement Only J.G.M. requires minor approval due to age of majority No dispute Court need only approve J.G.M.’s portion
Structure and timing of payment to J.G.M. Allocation according to settlement structure No opposition Annuity for J.G.M. and payment to counsel approved

Key Cases Cited

  • Robidoux v. Rosengren, 638 F.3d 1177 (9th Cir. 2011) (Court has a special duty to ensure settlements for minors are fair and reasonable)
  • Dacanay v. Mendoza, 573 F.2d 1075 (9th Cir. 1978) (Court must ensure minor's settlement is in best interests)
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Case Details

Case Name: Adriana Christine Medina v. City of Culver City
Court Name: District Court, C.D. California
Date Published: Aug 9, 2024
Docket Number: 2:23-cv-00704
Court Abbreviation: C.D. Cal.