Judge: Christian R. Gullon, Case: 24PSCV01053, Date: 2024-08-21 Tentative Ruling

Case Number: 24PSCV01053    Hearing Date: August 21, 2024    Dept: O

Tentative Ruling

(1)  PETITION TO APPROVE MINOR’S COMPROMISE OF PENDING re: JAZMINE ROSALES is GRANTED.

(2)  PETITION TO APPROVE MINOR’S COMPROMISE OF PENDING re: JENESIS ROSALES is GRANTED.

(3)  PETITION TO APPROVE MINOR’S COMPROMISE OF PENDING re: JONATHAN ROSALES is GRANTED.

Discussion

This is a habitability case. During their tenancy, Plaintiffs experienced mold exposure, excessive leaks, flooding, no heater, no air conditioning, electrical wiring lighting issues, general dilapidation of the Subject Property, faulty plumbing, retaliation, constructive eviction, and harassment. Plaintiffs did not suffer physical injuries that require ongoing medical attention but experienced mental distress and interferences with their quiet use and enjoyment of the Property.

On March 29, 2024, Plaintiffs Felipe Rosales and Yeny Rosales (parents) and Jonathan Rosales, Jenesis Rosales, and Jazmine Rosales (minor plaintiffs”) filed suit against Defendants Alan Li, Ideal Property and Realty, Inc. for the following 13 causes of action:

1.     Contractual And Tortious Breach Of The Implied Warranty Of Habitability

2.     Constructive Eviction;

3.     Tenant Harassment

4.     Statutory Breach Of The Warranty Of Habitability

5.     Retaliation

6.     Wrongful Retention Of Security Deposit

7.     Financial Abuse Of Elders And Disabled Persons

8.     FEHA

9.     Negligence;

10.  Negligent Misrepresentation

11.  Violation Of Civil Code § 1159 (Forcible Entry

12.  Rstpo § 8.52.130 - Retaliatory Eviction And Antiharassment

13.  Unfair, Unlawful, And Deceptive Business Act Or Practice, Bus. &Prof. Code §17200 Et Seq.

On July 11, 2024, a notice of settlement was filed.

On July 17, 2024, Felipe was named as the guardian ad litem for minor plaintiffs.

On July 18, 2024, the instant petitions were filed.

Discussion

On June 10, 2024, the parties/claimants have agreed to settle the lawsuit/claims for a gross sum of $275,000 with $260,000.00 allocated to the two adult plaintiffs and $15,000.00 allocated to the minor plaintiffs. Of the sum, the attorney fees of 40% (for parents) and 35% (for minors) will amount to $109,250.00. Here, considering Plaintiffs’ Counsels’ regular communication with the property managers of the subject property to ensure that repairs were swiftly made and contact and a free exchange of informal discovery with the goal of both parties to work towards a settlement, the court determines the fees reasonable.

Therefore, absent defects, the court grants all three petitions.

Conclusion

Based on the foregoing, the petitions are granted.