Judge: Bruce G. Iwasaki, Case: 22STCV30984, Date: 2024-10-17 Tentative Ruling
Case Number: 22STCV30984 Hearing Date: October 17, 2024 Dept: 58
Two tentative rulings:
Judge Bruce Iwasaki
Hearing Date: October 17, 2024
Case Name: Adagba, et al. v. Sanchez, et
al.
Case
No.: 22STCV30984
Motion: Petition
to Confirm Minor’s Compromise
Moving
Party: Plaintiff Alba Ceren Hernandez
Responding Party: Unopposed
Tentative
Ruling: The Court grants the
Petition to Confirm Minor Compromise (Junior Torres, Age: 7).
Background
This is a
real property action. On September 21, 2022, Plaintiffs Bem Adagba; Juan Ortega-Flores;
Alba Ceren Hernandez; Isidro Torres Ordaz; Junior Torres, a minor by and
through his Guardian ad Litem Alba Ceren Hernandez; and Khloe Ceren, a minor by
and through her Guardian ad Litem Alba Ceren Hernandez (“Plaintiffs”) filed a
Complaint against Defendants Benjamin Garcia Sanchez; Onik Nazarian; Vahan
Ghazarian (“Defendants”); and DOES 1-20, inclusive, alleging Defendants
subjected Plaintiff to substandard and dangerous living conditions and caused
Plaintiffs to pay rent for illegal dwelling units.
On
September 17, 2024, Plaintiff Alba Ceren Hernandez (“Petitioner”) filed the
instant Petition to Confirm Minor’s Compromise (Junior Torres, Age: 7). Notice
of settlement was filed on October 7, 2024.
Legal Standard
Pursuant to Code of Civil Procedure
Section 372, subdivision (a)(3): “The guardian or conservator of the estate or
guardian ad litem so appearing for any minor, person who lacks legal capacity
to make decisions, or person for whom a conservator has been appointed shall
have power, with the approval of the court in which the action or proceeding is
pending, to compromise the same, to agree to the order or judgment to be
entered therein for or against the ward or conservatee, and to satisfy any
judgment or order in favor of the ward or conservatee or release or discharge
any claim of the ward or conservatee pursuant to that compromise. Money or
other property to be paid or delivered pursuant to the order or judgment for
the benefit of a minor, person lacking legal capacity to make decisions, or
person for whom a conservator has been appointed shall be paid and delivered as
provided in Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of
the Probate Code.”
PETITION FOR MINOR’S COMPROMISE:
SERVICE
Settlement:
|
Claimant Junior Torres, Age: 7_ |
$5,000.00 |
Injuries:
Claimant suffered from skin rashes and upper respiratory
infections but did not receive any treatment for these injuries.
MEDICAL EXPENSES
|
N/A |
|
COSTS
|
N/A |
|
ATTORNEYS’ FEES
Note: Counsel does not request attorneys’ fees
to be paid from the gross/total settlement amount.
REIMBURSEMENT
|
Attorney’s Fees |
$0.00 |
|
Medical Expenses |
$0.00 |
|
Costs |
$0.00 |
|
Total Fees and Costs |
$0.00 |
|
|
|
|
Total Settlement |
$5,000.00 |
|
Less Credits |
----- |
|
Net Settlement |
$5,000.00 |
Proposed Disposition of Balance for Claimant:
Petitioner proposes the $5,000.00
for Claimant be paid or delivered to her via check, as the parent of Claimant,
without bond, on the terms and under the conditions specified in Probate Code
Sections 3401-3402. Petitioner also includes a declaration where she attests
under penalty of perjury the total estate of Claimant including the settlement
amount to paid does not exceed $5,000.00. (Attach. 18(b)(5); Prob. Code, §
3401(c)(1)-(2).)
The proposed order approving the compromise is signed this
date.
Moving party to give notice.
Hearing Date: October 17, 2024
Case Name: Adagba, et al. v. Sanchez, et
al.
Case
No.: 22STCV30984
Motion: Petition
to Confirm Minor’s Compromise
Moving
Party: Plaintiff Alba Ceren Hernandez
Responding Party: Unopposed
Tentative
Ruling: The Court grants the
Petition to Confirm Minor Compromise (Khloe Ceren, Age: 15).
Background
This is a
real property action. On September 21, 2022, Plaintiffs Bem Adagba; Juan Ortega-Flores;
Alba Ceren Hernandez; Isidro Torres Ordaz; Junior Torres, a minor by and
through his Guardian ad Litem Alba Ceren Hernandez; and Khloe Ceren, a minor by
and through her Guardian ad Litem Alba Ceren Hernandez (“Plaintiffs”) filed a
Complaint against Defendants Benjamin Garcia Sanchez; Onik Nazarian; Vahan
Ghazarian (“Defendants”); and DOES 1-20, inclusive, alleging Defendants
subjected Plaintiff to substandard and dangerous living conditions and caused
Plaintiffs to pay rent for illegal dwelling units.
On
September 17, 2024, Plaintiff Alba Ceren Hernandez filed the instant Petition
to Confirm Minor’s Compromise (Khloe Ceren, Age: 15). Notice of settlement was
filed on October 7, 2024.
Legal Standard
Pursuant to Code of Civil Procedure
Section 372, subdivision (a)(3): “The guardian or conservator of the estate or
guardian ad litem so appearing for any minor, person who lacks legal capacity
to make decisions, or person for whom a conservator has been appointed shall
have power, with the approval of the court in which the action or proceeding is
pending, to compromise the same, to agree to the order or judgment to be
entered therein for or against the ward or conservatee, and to satisfy any
judgment or order in favor of the ward or conservatee or release or discharge
any claim of the ward or conservatee pursuant to that compromise. Money or
other property to be paid or delivered pursuant to the order or judgment for
the benefit of a minor, person lacking legal capacity to make decisions, or
person for whom a conservator has been appointed shall be paid and delivered as
provided in Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of
the Probate Code.”
PETITION FOR MINOR’S COMPROMISE:
SERVICE
Settlement:
|
Claimant Khloe Ceren, Age: 15___ |
$5,000.00 |
Injuries:
Claimant had a cockroach stuck in her ear canal, which
required irrigation of the ear canal and removal of the cockroach with forceps.
MEDICAL EXPENSES
|
N/A |
|
COSTS
|
N/A |
|
ATTORNEYS’ FEES
Note: Counsel does not request attorneys’ fees
to be paid from the gross/total settlement amount.
REIMBURSEMENT
|
Attorney’s Fees |
$0.00 |
|
Medical Expenses |
$0.00 |
|
Costs |
$0.00 |
|
Total Fees and Costs |
$0.00 |
|
|
|
|
Total Settlement |
$5,000.00 |
|
Less Credits |
----- |
|
Net Settlement |
$5,000.00 |
Proposed Disposition of Balance for Claimant:
Petitioner proposes the $5,000.00
for Claimant be paid or delivered to her via check, as the parent of Claimant,
without bond, on the terms and under the conditions specified in Probate Code
Sections 3401-3402. Petitioner also includes a declaration where she attests
under penalty of perjury the total estate of Claimant including the settlement
amount to paid does not exceed $5,000.00. (Attach. 18(b)(5); Prob. Code, §
3401(c)(1)-(2).)
The proposed order approving the compromise is signed this
date.
Moving party to give notice.