Judge: Bruce G. Iwasaki, Case: 23STCV06437, Date: 2024-11-26 Tentative Ruling

Case Number: 23STCV06437    Hearing Date: November 26, 2024    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             November 26, 2024

Case Name:                Nwosu et al. v. Braum et al.

Case No.:                    23STCV06437

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

Moving Party:             Plaintiffs Angele Taylor and Rigoberto Lopez

Opposing Party:          None

            This is a habitability case. Plaintiffs Daisy Nwosu, Douglas Havens, Angele Taylor, Taj Taylor (a minor), Preston Taylor (a minor), Rick Lopez (a minor), and Rigberto Lopez (a minor) sued Defendants Daniel Braum and David Hekmat, for (1.) breach of implied warranty of habitability, (2.) breach of statutory warranty of habitability (3.) quiet enjoyment, (4.) negligence, (5.) violation of Civil Code section 1942.4, (6.) nuisance, and (7.) violation of tenant anti-harassment ordinance.

            Plaintiffs have settled this case with Defendants for $630,000. Plaintiffs/Petitioners now seeks approval of a compromise of the claims on behalf of minors, Plaintiffs Taj Taylor, Preston Taylor, Rick Lopez, and Rigberto Lopez.

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 form and is verified. Petitioners have also submitted the requisite attachments with the Petition.  

            Of the $630,000 in settlement funds, Adult Plaintiffs will each receive $81,428.56. $40,000.08 will be allocated for the claims of minor Plaintiffs Taj Taylor, Preston Taylor, Rick Lopez, and Rigberto Lopez ($10,000.02 for each minor). This amount compensates minor Plaintiffs for their bodily injury from the uninhabitable living conditions, including insect bites and allergy type symptoms.

            Plaintiffs’ counsel seeks attorney fees in the amount of $2,479.14 from each minor Plaintiff claimant, which is approximately 25% of the settlement amount. (See Pets., ¶¶ 13-16; Chapman Decl., ¶ 9.) Counsel’s declaration supports the factors of reasonableness under California Rules of Court, rule 7.955(b). In support, he provides a declaration of tasks and services rendered during the course of this case and the risks inherent in this litigation. (Chapman Decl., ¶¶ 9-11.) Upon consideration of those facts, the Court finds that the amount of $2,479.14 is reasonable.

            Petitioner also seeks to deposit the funds in a blocked account. (Proposed Orders, ¶ 5(b); Attach., 18(b)2.)

Petitioners have satisfied all of procedural and substantive requirements. Therefore, the petitions are granted.