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Hernandez v. City of Sacramento

United States District Court, E.D. California

July 15, 2019

JOHN HERNANDEZ, et al., Plaintiffs,
v.
CITY OF SACRAMENTO, et al., Defendants.

          JOHN 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 Plaintiffs

          AMENDED PETITION TO JENNIFER HERNANDEZ AS MINOR H.E.'S GUARDIAN AD LITEM AND TO COMPROMISE MINOR H.E.'S CLAIMS

          HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE

         Petitioner JENNIFER HERNANDEZ respectfully represents and requests:

         1. Petitioner JENNIFER HERNANDEZ is biological mother and caretaker of minor Plaintiff H.E.

         2. 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 statutes.

         3. 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.

         4. No previous petition for appointment of guardian ad litem with respect to the Minor has been filed in this matter.

         5. 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.

         6. 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.

Plaintiff H.E.: $ 200, 000.00
Attorneys fees (25%): $ -50, 000.00
Plainitff H.E.'s net recovery $150, 000.00

         7. From 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.

         8. The structured settlement will be executed as follows:

         9. Defendant(s) shall arrange for the purchase of a tax-free structured settlement annuity policy from Berkshire Hathaway Life Insurance Company of Nebraska, through Horacio Lleverino of Settlement Planners, Inc. and ...


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