People v. Schauman CA3

BACKGROUND

In a prior appeal, we affirmed defendant’s conviction for battery with serious bodily injury. (People v. Schauman (Oct. 3, 2013, C070009) [nonpub. opn.].) On January 26, 2012, the trial court entered a victim restitution order totaling $387,514.11, covering various items of economic loss to the estate of the victim (mostly costs owed to

2 medical providers for the deceased’s care) and to his parents Jane Heinan and Joe Martinez.1 After the trial court entered the order for victim restitution, the parents filed an action against defendant and the nightclub where the incident took place.2 Defendant’s insurer Allstate Insurance Company agreed to settle the case for the limit of defendant’s policy—$100,000. In connection with the settlement, various medical providers agreed to accept a fraction of their bills as payment in full. The parents received $15,082.72 each. The firm representing the parents collected $3,997.97 in costs advanced and $33,333.33 under the firm’s contingency fee agreement with the parents. As part of the settlement, the parents agreed to release all claims against defendant and Allstate. They also agreed to a clause holding harmless and agreeing to…