Judge: Cherol J. Nellon, Case: 21STV01950, Date: 2024-11-29 Tentative Ruling

Case Number: 21STV01950    Hearing Date: November 29, 2024    Dept: 14

#6

Case Background

On January 19, 2021, Plaintiffs Juan Estrada Rosiles and Leticia Calderon De Estrada filed their Complaint for (1) Breach of Warranty of Habitability; (2) Breach of Covenant of Quiet Enjoyment; (3) Negligence; (4) Breach of Contract; and (5) Nuisance against Defendants Pauline Yip (“Yip”) and DOES 1-50.

On October 27, 2022, Defendant Yip filed her Answer.

On October 27, 2022, Defendant Yip filed her Cross-Complaint for (1) Indemnity and Equitable Apportionment, (2) Total Indemnity, and (3) Declaratory Relief against Cross-Defendants ROES 1-50.

On April 28, 2023, this court ordered the case consolidated with Case Nos. 21STCV24669 and 22STCV09284.

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

On September 30, 2024, Plaintiffs filed this petition to approve minor’s compromise.

Instant Pleading

Plaintiffs petition the Court to confirm minor’s compromise.

Decision

Plaintiffs’ petition to confirm minor’s compromise is GRANTED.

Discussion

Plaintiffs move to confirm minor’s compromise.

Claimant Lidia Cruz Guerrero is an adult with a disability. Petitioner Dolores Guerrero is her mother. Lidia suffered no injuries and had no medical expenses. The gross settlement allocated to Lidia is $2,500.

Plaintiffs’ counsel will receive 25% of the settlement proceeds in attorney’s fees and seeks to recover $387.15 in costs for filing and service fees. Plaintiffs’ counsel submitted a retainer agreement and a declaration compliant with Cal. Rules of Court, Rule 7.955(b) as required by form MC-350. The attorney’s fees and costs requested are reasonable.

The net settlement amount of $1,487.85 will be paid to Petitioner for Claimant’s benefit. (MC-350, attachment 18b(8).) The Court finds this arrangement is reasonable and is in Lidia’s best interest.

The Court is satisfied that the proposed settlement is fair and reasonable.

Conclusion

Plaintiffs’ petition to confirm minor’s compromise is GRANTED.