Judge: Cherol J. Nellon, Case: 23STCV04361, Date: 2025-02-11 Tentative Ruling
Case Number: 23STCV04361 Hearing Date: February 11, 2025 Dept: 14
#7
Case Background
This is a habitability action.
On February 27, 2023, a large number of Plaintiffs
filed their Complaint against Anny Keskerian, Dikran Keskerian, and Richard
Keskerian.
On October 18, 2023, Plaintiffs dismissed Richard and
Dikran Keskerian from this action.
On March 14, 2024, Plaintiff dismissed a number of
Plaintiffs from this action.
On July 8, 2024, Plaintiffs filed a notice of
settlement.
On January 22, 2025, Petitioner Elizabeth Rugama filed
this petition to approve minor’s compromise.
Instant Pleading
Petitioner moves to confirm the minor’s compromise for
Claimant Valeria Lilibeth Cayetano Rugama.
Decision
The hearing on this matter is CONTINUED to March 14,
2025. Petitioner must file the revised petition at least 10 days before the
next hearing on this matter.
Discussion
Petitioner Elizabeth Rugama is the mother and guardian
ad litem of Claimant Valeria Lilibeth Catetano Rugama. The parties settled for
the sum of $175,000. Claimant is to receive $87,500 of the settlement.
Claimant suffered injuries as a result of the condition
of the subject property, including vermin bites, rashes, respiratory issues,
allergic reactions, frequent colds, and emotional distress. Claimant’s medical
expenses were paid by Medi-Cal which has issued a lien on the settlement
proceeds. Medi-Cal will be reimbursed $82.38 in satisfaction of the lien.
The net settlement will be invested in a single-premium
deferred annuity, the terms of which are attached in attachment 18b(3).
The Court cannot grant the petition at this time due to
the following deficiencies:
Petitioner’s counsel will receive 25% of the gross
settlement. However, Counsel failed to provide a declaration supporting the
request for fees as required by Cal Rules of Court, Rule 7.955(c).
Item 10 of form MC-350 is incomplete. 10(a) and 10(b)
are blank.
Item 11b(5) is blank and there is no attachment 11b(5)
included with the petition.
Item 13 of form MC-350 is incomplete. Petitioner failed
to fill in 13a. In 13b., Petitioner states $3,110.74 will be paid out of the
settlement proceeds for “Litigation Costs.” This description is not
sufficiently detailed. Petitioner must state what specific costs will be paid
through the settlement proceeds.
Item 15 of form MC-350 is blank.
Although Item 17(f) refers to an attachment 11b(5), the
attachment was not included in the petition.
Petitioner failed to file form MC-351.
Conclusion
The hearing on this matter is CONTINUED to March 14,
2025. Petitioner must file the revised petition at least 10 days before the
next hearing on this matter.