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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,
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.
L. BURRIS, ESQ., BEN NISENBAUM, ESQ., JAMES COOK, ESQ., LAW
OFFICES OF JOHN L. BURRIS Airport Corporate Center Attorneys
PETITION APPOINTING GUARDIAN AD LITEM AND APPROVING
MINOR'S COMPROMISE FOR MINOR PLAINTIFFS D.A.P. AND D.J.P.
KENDALL J. NEWMAN, UNITED STATES MAGISTRATE JUDGE
RITA ALMENDAREZ respectfully represents:
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.
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
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
previous petition for appointment of Guardian Ad Litem has
been filed in this matter.
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.
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.
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
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, ...