Judge: Anne Richardson, Case: 23STCV06626, Date: 2024-08-20 Tentative Ruling

Case Number: 23STCV06626    Hearing Date: August 20, 2024    Dept: 40

  Superior Court of California

County of Los Angeles

Department 40

This action involves a breach of warranty of habitability action brought by tenant Plaintiffs Osvaldo Valdovinos, Maribel Gonzalez, and their children, Alejandro D. Farias, Mariella Farias, Daisy Valdovinos, and Osvaldo M. Valdovinos (“Plaintiffs”) against Defendants Group IX BP Properties LP (“Defendant”) and DOES 1 through 50, inclusive.

Plaintiff Maribel Gonzalez (“Petitioner”) now brings three Petitions to Approve Compromise of Pending Action for Minors Osvaldo M. Farias, age 3; Daisy N. Valdovinos, age 5; and Mariella A. Farias, age 17. Defendants have not opposed.

The Court addresses all three Petitions concurrently, because the amounts requested are identical for each of the minors. After review, the Court GRANTS the Petitions because the proposed settlement amounts, attorney’s fees, and costs are fair and reasonable given the time spent on this case, costs incurred, and the overall result.

Background Allegations

Defendant breached the duty and the implied warranty of habitability and implied covenant of quiet enjoyment by failing to correct the substandard conditions, which include but are not limited to, garbage disposal deficiencies; electrical deficiencies; plumbing deficiencies; lack of hot water; water leaks; water damaged ceilings, floors and walls containing mold and mildew; rodent infestations; insect infestations; pest infestations; security and safety deficiencies; storage deficiencies; refuse disposal deficiencies; and loss of use of the premises for various periods of times throughout their ownership. (Compl., ¶¶8,14-16, 19-23, 26-28.)

Petition to Approve Compromise of Pending Action for Minor

Legal Standard: “A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered as provided in subdivision (c). If the court orders that all or any part of the money to be paid under the compromise or covenant be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, the release and satisfaction or covenant is not effective for any purpose until the money has been deposited as directed in the order of the court.” (Prob. Code, § 3500(d).)

“The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If the petition is unopposed, the court shall issue a decision on the petition at the conclusion of the hearing.” (Prob. Code, § 3505.)

“The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or person with a disability.” (Prob. Code, § 3601(a).)

Claimants Osvaldo Matias Vandovinos, Daisy Natasha Valdovinos, and Mariella Alejandra Farias (“Claimants”), each minors, by and through their Guardian Ad Litem, Maribel Gonzalez (“Petitioner”), have agreed to settle their claims against Defendant Group IX BP Properties LP in exchange for $10,000.00 each. If approved, $2,463.56 will be used for attorney’s fees and $145.76 for costs, leaving a balance of $7,390.68 for each Claimant to be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the court.

The court has reviewed the proposed settlement and finds that is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

Conclusion

Based on the foregoing, the court GRANTS the Petitions to Approve Compromise of Pending Action for Minors Osvaldo M. Farias, age 3; Daisy N. Valdovinos, age 5; and Mariella A. Farias, age 17.