Judge: Daniel M. Crowley, Case: 23STCV08370, Date: 2024-10-10 Tentative Ruling

Case Number: 23STCV08370    Hearing Date: October 10, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Petitioner Susana Patricia Orduna’s petition to approve minor’s compromise for Marla Maylin Orduna is granted.  The Court orders the check in the sum of $5,000.00 paid to Petitioner Susana Patricia Orduna, the minor Marla Maylin Orduna’s mother, pursuant to Probate Code §§3401 and 3402. 

Petitioner Susana Patricia Orduna (“Orduna”), on behalf of Claimant Marla Maylin Orduna (“Marla”), petitions this Court to approve minor’s compromise in the settlement of the instant action. 

I.                   Background

Orduna, individually and as guardian ad litem for Marla together with other named Plaintiffs (collectively, “Plaintiffs”) filed the operative Complaint against Defendant Clemente Barcenas (“Barcenas”) (“Defendant”) on April 14, 2023, for (1) negligence, (2) breach of implied warranty of habitability, (3) violation of Civil Code §1942.4, and (4) breach of Los Angeles Municipal Code §45.33 for issues at a property located at 202 E 78th Street, Los Angeles, CA 90003 (“Property”), owned by Defendant, where Plaintiffs were tenants.  (See Complaint ¶¶1, 5-6.)  Pursuant to the instant petition, Defendant has agreed to pay Plaintiffs to settle the claims.  (Petition ¶¶10, 11.) 

A settlement was reached pursuant to which Defendant agreed to pay a total of $70,000.00.  (Petition at Attach. 11(b)(3)-(6).)  Marla, the one settling minor claimant will receive a gross sum of $5,000.00.  (Petition at Attach. 11 §3.)  No attorneys’ fees or costs will be deducted from the minor claimant’s settlement.  (Petition Attach. 18(b)(5), Decl. of Orduna ¶4.)  The net balance of proceeds for the minor claimant is $5,000.  (Petition ¶¶15, 16(f).)  All procedural requirements have been met, as Petitioner has completed a Judicial Council form MC-350 on behalf of the minor claimant, signed by the Petitioner, as well as Form MC-351 on the minor claimant’s behalf. 

II.                Legal Standard

Compromises of disputed claims brought by minors are governed in part by C.C.P. §372.  The statute allows a guardian ad litem to appear in court on behalf of a minor claimant and gives the guardian ad litem the power to compromise the minor’s claim “with the approval of the court in which the action or proceeding is pending.”  A petition for court approval of a compromise must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise or covenant.  (CRC Rule 7.950.)  CRC Rule 7.952(a) requires the attendance of the petitioner and claimant at the hearing on the compromise of the claim unless the court for good causes dispenses with their personal appearance.

“Neither section 372 nor the California Rules of Court (rules 7.950 & 7.952) contemplates a noticed motion and adversary hearing when court approval of a minor’s compromise is sought. Although we need not decide the question, it would appear that a petition to approve or disapprove a minor’s compromise may be decided by the superior court, ex parte, in chambers.”  (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337.) 

III.              Analysis

Petitioner seeks court approval for a settlement under which the minor claimant would receive $5,000.  The amounts reflect the net payment amount to the minor claimant.  (See Petition ¶16(f).) 

This is a habitability suit in which the minor claimant lived in uninhabitable conditions, including but not limited to living with an insect infestation wherein the minor claimant suffered spider bites requiring medical treatment.  (Petition ¶¶5-7.)  The minor claimant has recovered completely from these injuries with no permanent injuries.  (Petition ¶8.) 

Petitioner requests this Court order the disposition of the minor claimant’s balance of the settlement, in the amount of $5,000.00, be paid or delivered to her, the minor’s parent, without bond, on the terms and under the conditions specified in Probate Code §§3401-3402.  (Petition ¶18(b)(5).)

Given the age of the minor claimant, the Court will only require attendance at the hearing by the Petitioner to grant the petition.  (CRC Rule 7.952.)

IV.            Conclusion

Based on the foregoing, the petition to approve the minor’s compromise is granted.  The Court orders the funds paid or delivered to Petitioner Orduna, the minor’s parent, without bond, on the terms and under the conditions specified in Probate Code §§3401-3402.

Moving Party to give notice.

Dated:  October ____, 2024