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Brown v. City of Stockton

United States District Court, E.D. California

July 26, 2019

SHAWNA BROWN, individually and as successor-in-interest for Decedent LUTHER BROWN; A.B., a minor, by and through her guardian ad litem, SHAWNA BROWN; D.P., a minor, by and through her guardian ad litem, RITA ALMENDAREZ; A.B., a minor, by and through her guardian ad litem, RITA ALMENDAREZ; D.P., a minor, by and through his guardian ad litem, RITA ALMENDAREZ; S.S.J., a minor, by and through her guardian ad litem, GAYLE JOHNSON; and QUEEN E. BROWN, individually. Plaintiffs,
v.
CITY OF STOCKTON, a municipal corporation; WESLEY GRINDER, individually; RYAN TAIRIOL individually; LOREEN GAMBOA, individually; ‘FNU' SCOTT, individually; and DOES 1-50, inclusive, individually, Defendants.

          JOHN L. BURRIS, ESQ., BEN NISENBAUM, ESQ., JAMES COOK, ESQ., LAW OFFICES OF JOHN L. BURRIS Airport Corporate Center Attorneys for Plaintiffs

          PETITION APPOINTING GUARDIAN AD LITEM AND APPROVING MINOR'S COMPROMISE FOR MINOR PLAINTIFFS D.A.P. AND D.J.P. AND ORDER

          KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE

         Petitioner RITA ALMENDAREZ respectfully represents:

         1. Petitioner RITA ALMENDAREZ is the natural mother of Minor Plaintiffs D.A.P. and D.J.P. Minor Plaintiff D.A.P. was born in 2004 and is presently fifteen years old. Minor Plaintiff D.J.P. was born in 2006 and is presently thirteen years old. Former Minor Plaintiff A.B. is now an adult.

         2. Minor Plaintiffs D.A.P. and D.J.P. have Fourteenth Amendment substantive due process causes of action for interference with familial relationship are co-successors-in-interest on the Fourth Amendment claim. Due to the CITY's bankruptcy, there are not state law claims. All Plaintiffs have the same Fourteenth Amendment claim, while Plaintiffs SHAWNA BROWN (Decedent's wife) and all Minor Plaintiffs have claims under the Fourth Amendment as co-successors-in-interest to Decedent.

         3. Plaintiffs' causes of action arise out an incident that occurred on April 6, 2012, in which Decedent LUTHER BROWN died after being shot numerous times by Defendants GRINDER and TAIRIOL.

         4. No previous petition for appointment of Guardian Ad Litem has been filed in this matter.

         5. Petitioner is willing to serve as the minors' Guardian Ad Litem. Petitioner is fully competent to understand and protect the rights of the minor and has no interest adverse to that of the minor.

         6. Petitioner requests that she be appointed Guardian Ad Litem for her daughter and her son, as denoted above, to prosecute the above-described causes of action on behalf of her daughter and her son, as denoted above, and for such other relief as the Court may deem just and proper.

         7. The parties in this case have reached settlement in this matter. The total settlement of the case is in the amount of $550, 000.00, including all costs and attorneys' fees. The parties have agreed on apportionment of the settlement. Of the total gross settlement amount, Minor Plaintiffs D.A.P. and D.J.P.s' gross settlements shall be $71, 500.00 (13% of the total settlement).

a. Attorney fees for Minor Plaintiffs D.A.P. and D.J.P. shall be at 25% of their total gross recovery, in the amount of $17, 875.00, pursuant to the contingency fee agreement in this case.
b. Proportionate with Minor Plaintiffs D.A.P. and D.J.P.s' share of the $550, 000.00 recovery, Minor Plaintiffs shall bear 13% of the total $13, 280.17 in litigation costs incurred by their counsel in this action: $1, 726.42 each.
c. Minor Plaintiffs D.A.P. and D.J.P.s' net settlements are in the amount of $51, 898.58.
d. Of Minor Plaintiff D.A.P. and D.J.P.s' net settlements, $10, 000.00 shall be place in an FDIC insured court-blocked account, with distributions made by Court order, and as follows: on each of Minor Plaintiffs D.A.P. and D.J.P.s' birthdays until they reach age 17 (in 2021 for D.A.P. and in 2023 for D.J.P.), Minor Plaintiffs shall receive disbursement from the court-blocked account in the amount of $500. All funds remaining in this FDIC insured court-blocked account, ...

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