Judge: Bruce G. Iwasaki, Case: 23STCV21780, Date: 2024-06-06 Tentative Ruling

Case Number: 23STCV21780    Hearing Date: June 6, 2024    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             June 6, 2024

Case Name:                Hernandez et al. v. Ayuzo et al.

Case No.:                    23STCV21780

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

Moving Party:             Plaintiff Luis Hernandez

Opposing Party:          None

            This is a habitability case. Plaintiffs Luis Hernandez, Araceli Cortes, Alejandra Gonzalez, Melanie Arcos (a minor), Nathan Godines (a minor), and Lianny Hernandez (a minor) sued Defendants Medhi Shahpoury Arani, individually and as Trustee of the Mehdi Shahpoury Arani Living Trust, Hahpoury Arani Living Trust, CGI+ Real Estate Investments Strategies dba Timing Bliss, LLC, Bandy V. Reddy, Ka Vitha M. Reddy, and Ahmad Bdeiwi for (1.) breach of implied warranty of habitability, (2.) quiet enjoyment, (3.) negligent nuisance, (4.) negligent infliction of emotional distress, (5.) negligence maintenance of the premises, (6.) intentional nuisance, and (7.) intentional infliction of emotional distress.

            Plaintiffs have settled this case with Defendants for $145,000. Plaintiff/Petitioner Luis Hernandez now seeks approval of a compromise of the claims on behalf of minors, Plaintiffs Melanie Arcos, Nathan Godines, and Lianny Hernandez.

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 $145,000 in settlement funds, $15,000 will be allocated for the claims of minor Plaintiffs Melanie Arcos, Nathan Godines, and Lianny Hernandez ($5,000.00 for each minor).  Plaintiffs Luis Hernandez, Araceli Cortes, and Alejandra Gonzalez will each receive $43,333.33. This amount compensates minor Plaintiffs for their emotional injuries suffered from the uninhabitable living conditions, including “[f]ear, anxiety, insomnia, loss of appetite, nausea, fear for the health and safety for self and family members.”  

            Plaintiffs’ counsel seeks attorney fees in the amount of $1,250 from each minor Plaintiff claimant, which is 25% of the settlement amount. (See Pets., ¶¶ 13-15.) 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. (Lloreda Decl., ¶¶ 5-6.) Upon consideration of those facts, the Court finds that the amount of $1,250 is reasonable.  The Court understands that each child will receive a net amount of $3,750.

            Petitioner also seeks to deposit the funds in a blocked account. (Proposed Orders, ¶ 5(b); Attach., 18(b)2.) The Court concurs. Plaintiff and others with responsibility for the children are charged with safeguarding this fund until the children are adults, and may not access it unless for a specific medical or educational purpose for the child.

Petitioner has satisfied all of procedural and substantive requirements. Therefore, the petition is granted.