Judge: Christian R. Gullon, Case: 23PSCV03819, Date: 2025-03-04 Tentative Ruling

Case Number: 23PSCV03819    Hearing Date: March 4, 2025    Dept: O

Tentative Ruling

PETITIONER DANIELLE CENTENO’S PETITIONS TO APPROVE MINOR’S COMPROMISE is GRANTED.

Background

This is a habitability case. Plaintiffs GERMAN CENTENO; DANIELLE CENTENO (“Danielle”); SOFIA CENTENO; PRISCILLA CENTENO, a minor by and through her Guardian ad Litem, DANIELLE CENTENO; AMELIA CENTENO, a minor by and through her Guardian ad Litem, and ANNALISE CENTENO, a minor by and through her Guardian ad Litem allege the following against Defendants MICHELE PERRAULT (“Michelle”); MICHELE PERRAULT, TRUSTEE OF THE MICHELE PERRAULT LIVING TRUST (“Trust”); HMR PROPERTY MANAGEMENT INC. (“Management Company”)[1]: Plaintiffs have been tenants at Michelle’s property July 1, 2013.  Plaintiffs faced two issues at the property: (1) mold and (2) defective plumbing. The mold problem started on August 30, 2021 and though Michelle sent someone to address the issue, no remediation was performed such that Plaintiffs’ recent bloodwork results indicated a positive presence of mold in their system. As to the latter, Plaintiffs experienced recurrent issues with the upstairs toilet overflowing over the years, causing leakage through the kitchen ceiling. On October 13, 2022, Plaintiff Danielle filed a complaint with the Los Angeles County Health Department; on April 27, 2023, in retaliation, Plaintiffs received a 60-day Notice of Termination from the Management Company. (See generally Complaint pp. 1-4.)

On December 8, 2023, Plaintiffs filed suit asserting the following five causes of action (COAs) against Defendants:

1.     Negligence

2.     Tortious Breach of Implied Warranty of Habitability

3.     Breach of the Covenant of Quiet Use and Enjoyment

4.     Retaliation under Civil Code Section 1942.5

5.     Constructive Eviction

On February 19, 2025, Petitioner Danielle Centeno filed the instant petitions for both Claimants Amelia Centeno and Annalise Centeno.

As of February 26, 2025, no opposition has been filed.

Legal Standard

A claim by or against a minor can be settled only with court approval. CCP § 372; Probate Code §§2504, 3500, 3600 et. seq.  The petition must contain a full disclosure of all information that bears on the reasonableness of the compromise.  See Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2011) ¶12:574.5.  The court must not only approve the amount of the settlement, but also the attorneys’ fees, the litigation costs, and other expenses, as well as how the settlement proceeds are to be invested.  See Prob. Code §§ 3600; 3610.  Under CRC Rule 7.950, the petition must be verified, and must include:  

(1)¿The name, birthdate, age, and sex of the minor or person with a disability; (2)¿An account of the facts or events and the circumstances out of which the claim or injury arose, including the time, the place, and the identity of the persons involved; (3)¿A description of the nature and extent of the injury giving rise to the claim, with sufficient particularity to inform the court whether the injury is permanent or temporary; (4)¿An original or a photocopy of all doctors’ reports containing a diagnosis of and prognosis for the injury, and a report of the claimant’s present condition; (5)¿In all cases in which payment for medical or hospital care or treatment for the claimant is sought, the names of the hospitals, doctors, and other providers furnishing the care, the amounts of the respective charges for the care (whether paid or owing), the amounts paid (whether covered by insurance or not), the amounts of any negotiated reductions of the charges, and the net amount owed to each provider; (6)¿The amount of attorney’s fees requested and the basis for the fees, with an itemization of the costs sought to be allowed and charged against the settlement; (7)¿The gross and net amounts of the settlement; (8)¿A description of the manner in which the settlement proceeds will be distributed; (9)¿A full disclosure of all amounts, if any, paid or to be paid to other claimants; (10)¿A statement of whether the petitioner is a plaintiff in the same action with the minor or claimant with a disability and, if so, whether the pendency or disposition of the petitioner’s claim on his or her own behalf has in any way affected the proposed compromise of the claim; (11)¿A statement of whether the petitioner is a claimant against the recovery of the minor or claimant with a disability and, if so, whether the pendency or disposition of petitioner’s claim on his or her own behalf has in any way affected the proposed compromise of the claim; (12)¿If settlement money is to be deposited in an account or accounts subject to withdrawal only upon order of the court, the name and address of the proposed depository; (13)¿A statement whether notice of the action or claim has been given under Welfare and Institutions Code section 14124.73; and (14)¿If the petition requests an order for payment of money to a special needs trust, a statement of the method by which all statutory liens will be satisfied under Probate Code Section 3604. 

Discussion

Here, the petitions for both minor claimants comply with CRC Rule 7.950. State Farm General Insurance on behalf of Defendants, MICHELE PERRAULT; MICHELE PERRAULT LIVING TRUST and HMR PROPERTY MANAGEMENT INC. has offered to pay a total of $100,000.00 to six Plaintiffs. (MC-025; Attachment 11(b)(5).) Total costs on the case are $3,832.48. (MC-025; Attachment 11(b)(6).) Attorney's fees are $40,000. (MC-025; Attachment 17(A).) The combined total of fees and costs amounts to $43,832.48, which will be deducted from the gross settlement proceeds. (MC-025; Attachment 11(b)(6).) This leaves a net settlement amount of $56,167.52 to be distributed between six Plaintiffs. (Id.) From the net settlement amount of $56,167.52, a sum of $3,000.00 will be distributed to each minor claimant.

Specifically, State Farm General Insurance has offered to pay minor claimants Amelia Centeno and Annalise Centeno $3,000.00 each in exchange for dismissal of this action with prejudice and a general release of claims arising from the incident.  Claimants Amelia Centeno and Annalise Centeno's payment are to be made payable to Petitioner DANIELLE CENTENO in the amount of $3,000.00; per Probate Code 3401-3402. (MC-025; Attachment 18(b)(5).)

The Court finds the Petitions are reasonable because the minor claimants are not contributing towards the attorney’s fees, suffered minor injuries compared to the adult plaintiffs, and have recovered completely from their injuries. (MC-025; Attachment 8, ¶ 5; Attachment 11(b)(6); Attachment 17(a).) Moreover, minor claimants do not have any medical expenses. (MC-025; Attachment 12.)

Conclusion

The Petitions as to minor claimants Amelia Centeno and Annalise Centeno are GRANTED.¿