Judge: Christian R. Gullon, Case: 19STCV13326, Date: 2023-09-07 Tentative Ruling

Case Number: 19STCV13326    Hearing Date: September 7, 2023    Dept: O

Tentative Ruling

(1) Petition to Approve Compromise of Disputed Claim Re: Jacky Chen is GRANTED.

(2) Petition to Approve Compromise of Disputed Claim Re: Qixin Chen is GRANTED

(3) Petition to Approve Compromise of Disputed Claim Re: Qijun Chen is GRANTED

Background

This is a habitability case. Plaintiffs YONGJIA CHEN, an individual; GUIFANG SU, an individual; JACKY CHEN, a minor, by and through YONGJIA CHEN as parent and guardian ad litem; QIXIN CHEN, a minor, by and through YONGJIA CHEN as parent and guardian ad litem; and QIJUN CHEN, a minor, by and through YONGJIA CHEN as parent and guardian ad litem allege the following against Defendants YILIN YAO and LI ZHAO: In 2018, Plaintiffs noticed that rainfall was causing leakage from the room of their building into their ceiling. Despite notifying the property manager several times about the leakage and potential mold growth, no action was taken.

On April 16, 2019, Plaintiffs filed suit for 1. Negligence 2. Tortious Failure To Provide Habitable Premises 3. Breach Of Implied Warranty Of Habitability 4. Breach Of Implied Covenant Of Quiet Enjoyment 5. Nuisance 6. Constructive Eviction 7. Breach Of Contract 8. Intentional Infliction Of Emotional Distress 9. Negligent Infliction Of Emotional Distress.

On January 24, 2020, Defendants filed their answer.

On January 12, 2023, the court issued the following minute order regarding status conference/settlement: “Counsel informs the Court that the parties have reached a settlement agreement, however, there are minors involved and parties need additional time. The Court finds a date is reserved for August 9, 2023, at the Pomona Courthouse in Department O at 10:00 a.m. for a Hearing on Petition to Confirm Minor's Compromise. On the Court's own motion, the Status Conference Re: Settlement scheduled for 06/12/2023 is continued to 08/09/2023 at 10:00 AM in Department O at Pomona Courthouse South.”

On August 4, 2023, Plaintiffs filed the instant three petitions.

Legal Standard

CCP §372(a)(1) provides: 

When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.”

Discussion

According to the petitions, the claimants suffered from bouts of sickness, including coughing, fever, and fatigue that were caused directly from mold spore inhalation. (Petition ¶6.) To settle the claims arising out of the incident, Defendants have offered to pay Plaintiffs a lump sum of $107,500.00 wherein the parents are to each receive $51,250.00 and the three children are to each receive $2,500.00.

After a review of the Petitions and supporting medical records, the court finds that the settlement is reasonable, and¿based thereon, approves and GRANTS the petitions.

Conclusion

Based on the foregoing, the petitions are granted. Petitioners are to file proposed orders on a MC-351 form.