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