Judge: Cherol J. Nellon, Case: 23STCV03246, Date: 2024-12-11 Tentative Ruling

Case Number: 23STCV03246    Hearing Date: December 11, 2024    Dept: 14

#11

Case Background

This is a habitability case.

On February 14, 2023, a large number of Plaintiffs filed their Complaint against Defendant Joseph Barbarosa.

On August 1, 2024, Petitioners Gabriela Rosas, Claudia Martinez, and Fabiola Frausto filed these petitions to approve minor’s compromise.

Instant Pleading

Petitioners petition the Court to confirm minor’s compromise for six minor Plaintiffs.

Decision

The petitions to confirm minor’s compromise will be granted once Petitioners submit updated forms MC-351. The Court sets an OSC re: proof of payment to the blocked account on January 31, 2025. The updated form must be filed at least ten days before the next hearing date.

Discussion

Petitioners Gabriela Rosas, Claudia Martinez, and Fabiola Frausto are the mothers and guardians ad litem to Claimants Elias Leon Rosas, Brandon Leon Rosas, Alissa Leon Rosas, Leonardo Lopez, and Ariel Vargas Frausto. The gross settlement allocated to each Claimant is $10,000. Each petition for minors’ compromise is identical.

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 $7,440.26 will be deposited in a blocked account. Petitioners properly submitted attachment 18b(2) to form MC-350 and form MC-355. The Court finds this arrangement is reasonable and in Claimants’ best interests.

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

Form MC-351 is incomplete. Petitioners failed to specify who attorney’s fees are payable to in Item 8a. Petitioners must submit updated forms.

Conclusion

The petitions to confirm minor’s compromise will be granted once Petitioners submit updated forms MC-351. The Court sets an OSC re: proof of payment to the blocked account on January 31, 2025. The updated form must be filed at least ten days before the next hearing date.