United States District Court, E.D. California
L. BURRIS, Esq., SBN 69888 BEN NISENBAUM, Esq., SBN 250055
MELISSA C. NOLD, Esq., SBN 301378 PATRICK M. BUELNA, Esq.,
SBN 317043 LAW OFFICES OF JOHN L. BURRIS Attorneys for
PETITION TO JENNIFER HERNANDEZ AS MINOR H.E.'S
GUARDIAN AD LITEM AND TO COMPROMISE MINOR H.E.'S
HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
JENNIFER HERNANDEZ respectfully represents and requests:
Petitioner JENNIFER HERNANDEZ is biological mother and
caretaker of minor Plaintiff H.E.
Minor Plaintiff has causes of action against the named
defendants herein on which a lawsuit was brought in this
court for violation of civil rights under Federal and State
Minor Plaintiff's causes of action arise out of the March
6, 2017 incident wherein named Defendants chased unarmed John
Hernandez from the front of a convenience store into a
hospital hallways, beat, tased and asphyxiated him. The minor
Plaintiff H.E. sustained the damages described in the
operative Complaint, including the loss of her familial
relationship to her father. There are no outstanding liens or
loans related to this incident.
previous petition for appointment of guardian ad litem with
respect to the Minor has been filed in this matter.
Petitioner is willing to serve as the Minor's Guardian Ad
Litem as denoted above. Petitioner is fully competent to
understand and protect the rights of the Minor.
Plaintiff John Hernandez and Plaintiff H.E. reached have
reached a global settlement in this matter in the amount of
$5, 200, 000.00 for the two plaintiffs. The parties agreed
amongst themselves to apportion the settlement as follows:
$5, 000, 000 for John Hernandez for his injuries and future
medical costs; and, $200, 000 for Plaintiff H.E.'s loss
of her familial relationship with her father, John Hernandez.
Jennifer Hernandez as guardian ad litem for H.E. approved of
this settlement and apportionment. Minor Plaintiff H.E.'s
shares will be structured as set forth below.
$ 200, 000.00
Attorneys fees (25%):
$ -50, 000.00
Plainitff H.E.'s net recovery
the net recovery $100, 000 will be placed in a structured
settlement account. (See attached as Exhibit A). The
remaining $ 50, 000.00 shall be placed in separate
interest-bearing blocked trust at an FDIC insured banking
institution for the benefit of Minor Plaintiff H.E. Every
year on her father's birthday, February 10, there will be
disbursed $3, 000 to Plaintiff H.E. from the blocked account.
Plaintiff is 10 years old now, so over the next 7 years
approximately $21, 000 will be disbursed. The remaining
balance in the blocked account shall be payable to Minor
Plaintiff H.E. on her 18th birthday.
petition was prepared by the Law Offices of John L. Burris,
John Burris, Ben Nisenbaum, Melissa Nold and Patrick Buelna
the lead counsels representing plaintiffs in this action.
John L. Burris, Esq., Ben Nisenbaum, Esq., Melissa C. Nold,
and Patrick M. Buelna, Esq. hereby represent to the Court
that they became involved in this case at the request of
plaintiffs, and have not received, and do not expect to
receive any compensation for their services in connection
with this action from any person other than the parties whom
they represent in this action. The Counsels of Record for
Plaintiff have reviewed and recommend this settlement and
appointment as well.
Petitioners and their counsel have made a careful and
diligent inquiry and investigation to ascertain the facts
relating to the subject incidents, the responsibility
therefore, and the nature and extent of injury to the minor
plaintiff, and fully understand that if the compromise herein
proposed is approved by the Court and is consummated, said
minor plaintiff will be forever barred and prevented from
seeking any further recovery of compensation as against
defendants City of Sacramento, et al., in this action, even
if said minor's losses and injuries might in the future
prove to be more serious than they are now thought to be.
Petitioner recommends this compromise settlement to the Court
as being fair, reasonable, and in the best ...