Judge: Bruce G. Iwasaki, Case: 21STCV38520, Date: 2023-03-01 Tentative Ruling

Case Number: 21STCV38520    Hearing Date: March 1, 2023    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             March 1, 2023

Case Name:                Jovito Baldovino et al. v. Brookside Place Associates, L.P. et al.

Case No.:                    21STCV38520

Motion:                       Petition to Approve Compromise of Pending Action on Behalf of Minors Jovito Baldovino, Jr. and Giovanni Baldovino

Moving Party:             Plaintiffs Jovito Baldovino, Jr. and Giovanni Baldovino

Opposing Party:          None

Background

            This is a habitability case.  Plaintiffs Jovito Baldovino, Marites Baldovino, Nelly Allaga, Jovito Baldovino, Jr. (through his guardian ad litem Jovito Baldovino) and Giovanni Baldovino (through his guardian ad litem Jovito Baldovino) sued Defendants Brookside Place Associates, L.P., Equity Residential Management, LLC, and Feather River Community Rentals, L.P. for

for breach of implied warranty of habitability, breach of covenant of quiet enjoyment, breach of contract, negligence, negligent hiring, private nuisance, intentional infliction of emotional distress, and unfair business practices.  Plaintiffs allege that they experienced various plumbing issues, water intrusions, and flooding in their rental unit.

            Plaintiffs have settled the case with all Defendants for $75,000.  Jovito Baldovino now seeks approval of a compromise of a claim on behalf of minors Jovito Baldovino, Jr. (age 17) and Giovanni Baldovino (age 15).

Discussion

            Court approval is required for all settlements of a minor’s claim.¿ (Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)  California Rules of Court, rule 7.950 provides that a petition “must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise.”  The Petition must be filed on Judicial Council Form MC-350 and must be fully completed. 

            The Petitions are properly filed on the Judicial Council forms and is verified.  Petitioners also submitted the requisite attachments with the Petitions.  

            Of the $75,000 in settlement funds, $2,500 will be allocated to each minor.  The remaining $70,000 will be allocated as follows: $25,000 to Jovito Baldovino, $25,000 to Marites Baldovino, and $20,000 to Nelly Allaga.  The adults receive a greater percentage because they paid rent, suffered property damage, and lost wages.  (Attachment 11b(6).)  The minors suffered mental and emotional injuries, but no medial expenses were incurred.

            As to attorney’s fees, counsel requests 25% as a contingency fee.  (Attachment 17a.)  Thus, he requests $625 from the $2500 from each minor’s settlement, for a total of $1,250.  Costs are waived.

            Counsel avers that he considered the fact that his clients are minors, the proportionality of the fee in relation to the amount of hours worked (85-90 hours over 15 months), and the risks borne.  The declaration supports the factors of reasonableness under California Rules of Court, rule 7.955(b).  (See generally, Yakobian Decl., ¶¶ 1-12)  Upon consideration of those factors, the Court finds that the amount of $625 per minor’s settlement is reasonable.

            The Petition indicates that the settlement will be paid to the minor’s parent, Jovito Baldovino, without bond, under Item 18b(5).  Accordingly, the Petitions are granted.