Judge: Bruce G. Iwasaki, Case: 22STCV09064, Date: 2023-04-25 Tentative Ruling

Case Number: 22STCV09064    Hearing Date: April 25, 2023    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             April 25, 2023

Case Name:                Reyna Yanez Mendez, et al. v. Paul Kim, trustee of the Kim Family Trust, et al.

Case No.:                    22STCV09064

Motion:                       Petition to Approve Compromise of Claim for Minor

Moving Party:             Petitioner Lizbeth Vasquez Yanez

Opposing Party:          None

Background

            This is a habitability case.  Plaintiffs Reyna Yanez Mendez, Gernaro Vasquez Antonio, Lizbeth Vasquez Yanez, Omar Vasquez Yanez, Mireya Reyes Vasquez (through her guardian ad litem Lizbeth Vasquez Yanez) and Rudy Reyes Vasquez (through his guardian ad litem Lizbeth Vasquez Yanez) sued Defendants Paul Kim, trustee of the Kim Family Trust and Sun Kim, trustee of the Kim Family Trust for breach of warranty of habitability, breach of covenant of quiet enjoyment, negligence, and breach of contract.  Plaintiffs allege that they experienced insect, vermin, and rodent infestation; defective and deteriorated flooring; general dilapidation and improper maintenance; inoperable, dirty, and in bad repair doors and windows; and loose plumbing fixtures at 1307 S. Harvard Blvd., Los Angeles, California 90066.

            Plaintiffs have settled the case with the Defendants for $60,000.00.  Lizbeth Vasquez Yanez (“Petitioner”) now seeks approval of a compromise of a claim on behalf of minor Rudy Reyes Vasquez (“claimant” or “minor”), age 7.

Legal Standard

            An enforceable settlement of a minor’s claim or that of a person lacking the capacity to make decisions can only be consummated with court approval. (Prob. Code., §§ 2504, 3500, 3600¿et seq.; Code Civ. Proc., § 372; see¿Pearson v. Super. Ct. (2012) 202 Cal.App.4th 1333, 1337.)¿ 

¿ 

“[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor’s best interests…[I]ts¿primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.” (Goldberg v. Super. Ct.¿(1994) 23 Cal.App.4th 1378, 1382.)¿ 

A petition for court approval of a compromise or covenant not to sue under¿Code of Civil Procedure¿section¿372 must comply with California Rules of Court, rules¿7.950, 7.951 and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant.¿(Cal. Rules of Court, rule¿7.950.)¿

In addition, the court must approve reasonable expenses and court costs to be paid out of the settlement proceeds. (Prob. Code, § 3601(a).)

Discussion

Petitioner properly filed the petition on the judicial council form and verified it. Petitioner also submitted the requisite attachments with the petition. 

            Of the $60,000.00 settlement sum, Plaintiffs Reyna Yanez Mendez, Gernaro Vasquez Antonio, Lizbeth Vasquez Yanez, and Omar Vasquez Yanez each receive $12,500.00. Mireya Reyes Vasquez, another minor, receives $5,000.00. Claimant also receives $5,000.00. Plaintiffs are one family. The court finds this apportionment reasonable.

The Petition includes a declaration of Plaintiff’s attorney Rachel Fishenfeld. She seeks 25 percent of the claimant’s settlement total, or $1,250.00 in fees. (Decl. Fishenfeld, ¶ 4.) This also is reasonable.

            Thus, the court grants the petition. 

Judge Bruce G. Iwasaki

Hearing Date:             April 25, 2023

Case Name:                Reyna Yanez Mendez, et al. v. Paul Kim, trustee of the Kim Family Trust, et al.

Case No.:                    22STCV09064

Motion:                       Petition to Approve Compromise of Claim for Minor

Moving Party:             Petitioner Lizbeth Vasquez Yanez

Opposing Party:          None

Background

            This is a habitability case.  Plaintiffs Reyna Yanez Mendez, Gernaro Vasquez Antonio, Lizbeth Vasquez Yanez, Omar Vasquez Yanez, Mireya Reyes Vasquez (through her guardian ad litem Lizbeth Vasquez Yanez) and Rudy Reyes Vasquez (through his guardian ad litem Lizbeth Vasquez Yanez) sued Defendants Paul Kim, trustee of the Kim Family Trust and Sun Kim, trustee of the Kim Family Trust for breach of warranty of habitability, breach of covenant of quiet enjoyment, negligence, and breach of contract.  Plaintiffs allege that they experienced insect, vermin, and rodent infestation; defective and deteriorated flooring; general dilapidation and improper maintenance; inoperable, dirty, and in bad repair doors and windows; and loose plumbing fixtures at 1307 S. Harvard Blvd., Los Angeles, California 90066.

            Plaintiffs have settled the case with all Defendants for $60,000.  Lizbeth Vasquez Yanez (“Petitioner”) now seeks approval of a compromise of a claim on behalf of minor Mireya Reyes Vasquez (“claimant” or “minor), age 15.

Legal Standard

            An enforceable settlement of a minor’s claim or that of a person lacking the capacity to make decisions can only be consummated with court approval. (Prob. Code., §§ 2504, 3500, 3600¿et seq.; Code Civ. Proc., § 372; see¿Pearson v. Super. Ct. (2012) 202 Cal.App.4th 1333, 1337.)¿ 

¿ 

“[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor’s best interests…[I]ts¿primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.” (Goldberg v. Super. Ct.¿(1994) 23 Cal.App.4th 1378, 1382.)¿ 

A petition for court approval of a compromise or covenant not to sue under¿Code of Civil Procedure¿section¿372 must comply with California Rules of Court, rules¿7.950, 7.951 and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant.¿(Cal. Rules of Court, rule¿7.950.)¿

In addition, the court must approve reasonable expenses and court costs to be paid out of the settlement proceeds. (Prob. Code, § 3601(a).)

Discussion

Petitioner properly filed the petition on the judicial council form and verified it. Petitioner also submitted the requisite attachments with the petition.  

            Of the $60,000.00 settlement sum, Plaintiffs Reyna Yanez Mendez, Gernaro Vasquez Antonio, Lizbeth Vasquez Yanez, and Omar Vasquez Yanez each receive $12,500.00. Rudy Reyes Vasquez, another minor, receives $5,000.00. Claimant also receives $5,000.00. Plaintiffs are one family. The court finds this apportionment reasonable.

The Petition includes a declaration of Plaintiff’s attorney Rachel Fishenfeld. She seeks 25 percent of the claimant’s settlement total, or $1,250.00 in fees. (Decl. Fishenfeld, ¶ 4.) This also is reasonable.

            Thus, the court grants the petition.