Judge: Bruce G. Iwasaki, Case: 23STCV06272, Date: 2024-03-22 Tentative Ruling

Case Number: 23STCV06272    Hearing Date: March 22, 2024    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             March 22, 2024

Case Name:                Chay v. Lin

Case No.:                    23STCV06272

Motion:                       Petitions to Approve Compromise of Pending Action on Behalf of Minor

Moving Party:             Plaintiff/Petitioner Aura Baten Lopez

Opposing Party:          None

            This is a habitability case. Plaintiffs Hector Geovany Gonon Chay, Aura Baten Lopez, Juan Sajbin Tiu, Francisca Margarita Coxic Gonzalez De Sajbin, Pedro Rigoberto Sajbin Coxic, Edwin Josue Baten Lopez (a minor) and Keyla Araceli Gonon Baten (a minor) sued Defendant the Estate of Albert K. Lin (Lin) for breach of warranty of habitability, breach of implied covenant of quiet enjoyment, negligence, and breach of contract.  

            Plaintiffs have settled the case with Defendant for $155,000. Plaintiff/Petitioner Aura Baten Lopez now seeks approval of a compromise of the claim on behalf of minors, Edwin Josue Baten Lopez and Keyla Araceli Gonon Baten.

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 Petition is properly filed on the Judicial Council forms and is verified. Plaintiff/Petitioner has also submitted the requisite attachments with the Petition.  

            Of the $155,000 in settlement funds, $10,000 will be allocated to Edwin Josue Baten Lopez and Keyla Araceli Gonon Baten ($5,000 each). This action involved two separate families in two separate units. One family of two adults and two minors settled for $85,000, with $37,000 for each of the adults. The second family consisted of three adults and settled for $75,000 with each adult receiving $25,000. The Petition asserts that the minor settlement amount compensates Edwin Josue Baten Lopez and Keyla Araceli Gonon Baten for damages to personal property, personal injury, emotional distress and rent abatement. (Pet., ¶ 6.) 

            As to attorney’s fees, the retainer agreement provides for a 33 1/3% contingency fee from adults and 25% from minors. (Attachment 17(a)(2).) Counsel requests $1,250 for each petition, which excludes costs in the amount of $516.47. In support, she provides a declaration of tasks and services rendered during the course of this case, which resulted in total working hours of approximately 25 hours. (Attachment 13(a).)

Counsel’s declaration also supports the factors of reasonableness under California Rules of Court, rule 7.955(b). (See generally, Fishenfeld Decl., ¶¶ 2-11.) Upon consideration of those facts, the Court finds that the amount of $3,233.53 per minor petition is reasonable.  

Plaintiff has satisfied all of procedural and substantive requirements. Therefore, the petitions are granted.