Judge: Bruce G. Iwasaki, Case: 23STCV24086, Date: 2025-02-28 Tentative Ruling

Case Number: 23STCV24086    Hearing Date: February 28, 2025    Dept: 58

Judge Bruce G. Iwasaki

Hearing Date:             February 28, 2025

Case Name:                Mayorga v. Yu

Case No.:                    24STCV24086

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

Moving Party:             Plaintiff Cristina Mayorga on behalf of Audrey Linda

Opposing Party:          None

            This is a habitability case. Plaintiffs Cristina Mayorga, Audrey Linda (a minor), and Josemanuel Pimentel sued Defendant Frank Yu and 13135 Gale LLC for (1.) negligence, (2.) breach of implied warranty of habitability, and (3.) breach of Los Angeles County Code § 8.52.130.

            Plaintiffs have settled this case with Defendants for $100,000. Plaintiff/Petitioner now seeks approval of a compromise of the claims on behalf of the minor, Plaintiff Audrey Linda.

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 $100,000 in settlement funds, Adult Plaintiffs will receive $95,000. $5,000 will also be allocated for the claims of the minor Plaintiff, Audrey Linda. This amount compensates minor Plaintiff for her emotional distress, rashes and respiratory infections. The Petition indicates that minor claimant has recovered completely from the effects of her injuries. (Pet., ¶ 8(a).)

            Plaintiff’s counsel does not seek attorney fees on this $5,000 settlement amount. (See Pet., ¶¶ 13-16.)

The Court finds that the amount allocated to minor Plaintiff is reasonable. Petitioner has satisfied all of the procedural and substantive requirements. Therefore, the petition is granted.