Judge: Cherol J. Nellon, Case: 21STCV24699, Date: 2024-09-26 Tentative Ruling

Case Number: 21STCV24699    Hearing Date: September 26, 2024    Dept: 14

#8

Case Background

This is an action for breach of the implied warranty of habitability, breach of the covenant of quiet enjoyment, negligence, breach of contract, and nuisance. Plaintiffs allege that they leased an apartment from Defendant which was untenantable.

On July 1, 2021, Plaintiffs Dolores Guerrero, Lidia Cruz Guerrero, Dolores Guerrero, and Shecid Cruz filed their Complaint against Pauline Yip.

On April 28, 2023, the Court signed the parties’ stipulation consolidating this case with 21STCV10950 and 22STCV09284.

On July 12, 2024, Plaintiffs filed this petition to confirm minor’s compromise.

On August 13, 2024, Plaintiffs filed a notice of settlement.

Instant Pleading

Petitioner Dolores Guerrero petitions to confirm the minor’s compromise of Lidia Guerrero.

Decision

The petition to confirm the minor’s compromise of Lidia Guerrero filed by Petitioner Dolores Guerrero is DENIED without prejudice.

Discussion

This petition was not filed in the lead case. Because these cases are consolidated, any new filings must be filed in the lead case, 21STCV01950.

The petition for minor’s compromise contains the following deficiencies:

1.     Form MC-350 states Lidia Guerrero is an adult with a disability. However, form MC-351 states Lidia is a minor. Petitioner must check boxes 3b and 3b1 on form MC-351 to indicate that Lidia is an adult with a disability.

2.     Petitioner selected box 18b5 on form MC-350. However, Lidia Guerrero is not a minor. Probate Code, sections 3401-3402 only governs money belonging to minors. Petitioner must select one of the other available options under Item 18b and revise form MC-351 to reflect the change.

3.     Item 11b3 of form MC-350 is incorrect. Petitioner does not have a claim against claimant’s recovery. Petitioner must check the “does not have” box.

The court also notes that Plaintiff Shecid Cruz is a minor who is receiving money under the settlement agreement and there is no petition to confirm minor’s compromise pending as to Shecid Cruz. Plaintiffs must file a petition for Shecid Cruz in the lead case before this case can be dismissed.

Conclusion

The petition to confirm the minor’s compromise of Lidia Guerrero filed by Petitioner Dolores Guerrero is DENIED without prejudice.