Judge: Bruce G. Iwasaki, Case: 23STCV18525, Date: 2025-03-07 Tentative Ruling

Case Number: 23STCV18525    Hearing Date: March 7, 2025    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             March 7, 2025

Case Name:                Saito v. Thayer West LLC

Case No.:                    23STCV18525

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

Moving Party:             Plaintiff Seiichi Saito on behalf of Sophia Saito and Julia Saito

Opposing Party:          None

This is a habitability case. This lawsuit arises out of the failure of Defendants Thayer West LLC and Payam Amin to maintain and repair the property located at 1817 Thayer Ave., Los Angeles, California 90025, where Plaintiffs resided (Property). Plaintiffs Seiichi Saito, Sophia Saito, and Julia Saito (jointly, Plaintiffs) filed a Complaint, alleging claims for: (1) Breach of Implied Warranty of Habitability; (2) Negligence; (3) Nuisance; and (4) Violation of Civil Code Section 1942.4. 

            Plaintiffs have settled this case with Defendant for $60,000. Plaintiff/Petitioner now seeks approval of a compromise of the claims on behalf of the minors, Plaintiff Sophia Saito and Julia Saito.

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

            Of the $60,000 in settlement funds, Adult Plaintiff will receive $31,250. $14,375 will each also be allocated for the claims of the minor Plaintiffs, Sophia Saito and Julia Saito. This amount compensates minor Plaintiffs for general damages arising from the uninhabitable living conditions. Further, Petitioner proposes to deposit the funds into blocked accounts for each claimant on Civil Form MC-355. (Prob. Code, §§ 3611, 3401.)

            Plaintiff’s counsel seeks attorney fees in the amount of $3,593.75 from minor Plaintiff claimants, which is approximately 25% of the settlement amount, plus costs of $814.62. (See Pet., ¶¶ 13-16; Ohn Decl., ¶¶ 7-17.)

The Court finds that the amount allocated to minor Plaintiffs and the amount requested in attorney fees is reasonable. Petitioner has satisfied all of the procedural and substantive requirements. Therefore, the petitions are granted.