Judge: Bruce G. Iwasaki, Case: 23STCV15473, Date: 2024-03-08 Tentative Ruling

Case Number: 23STCV15473    Hearing Date: March 8, 2024    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             March 8, 2024

Case Name:                Moreno et al. v. Zuniga et al.

Case No.:                    23STCV15473

Motion:                       Petition to Approve Compromise of Pending Action on Behalf of a Minor

Moving Party:             Plaintiff Simona Moreno

Opposing Party:          None

            This is a habitability case. Plaintiffs Simona Moreno, Rufino Bravo Santiago, Elizabeth Bravo, Maurico Alexander Bravo, and Patrick Bravo (a minor) sued Defendant Maria Zuniga for (1.) negligence, (2.) breach of implied warranty of habitability, and (3.) breach of Los Angeles Municipal Code section 45.33.

            Plaintiffs have settled the case with Defendant for $100,000. Plaintiffs now seek approval of a compromise of a claim on behalf of minor, Plaintiff Patrick Bravo.

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. Plaintiff/Petitioner has also submitted the requisite attachments with the Petition.  

            Of the $100,000 in settlement funds, $5,000 will be allocated to minor Plaintiff, Patrick Bravo, while Plaintiffs Simona Moreno and Rufina Bravo Santiago will each receive $42,500, and Plaintiffs Elizabeth Bravo and Maurico Alexander Bravo will each receive $5,000. This amount compensates Patrick Bravo for his emotional injuries suffered from the uninhabitable living conditions, which are less than certain other adult Plaintiffs who also suffered property damage and rent abatement. (Attachment 11b(3)-(6).) 

            Plaintiffs’ counsel does not seek any attorney fees. (See Pet., ¶ 13.)

Plaintiffs have satisfied all of the procedural and substantive requirements. Therefore, the petition is granted.