Judge Daniel M. Crowley, Case Number: 24STCV10000, Date: 2025-01-13 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SMCDEPT71@lacourt.org. Do not click on the email address, either copy and paste it or type it into your email. Include the word "SUBMITS" in all caps and the Case Number in the Subject line. In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

            Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may still appear at the hearing and argue the matter, and the court could change its tentative based upon the argument.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If you submit, but still intend to appear, include the words "SUBMITS, BUT WILL APPEAR" in the Subject line.

            If you elect to argue your matter, you are urged to do so remotely, via Court-Connect. If the moving party fails to appear and/or submit to the Court’s tentative ruling, the Court will take the matter off calendar.

            Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court.

If you submitted a courtesy copy of your papers containing media (such as a DVD or thumb drive), unless you request the return of the media in your papers, the court will destroy it following the hearing of your matter.

Petitioner Javier Perez’s petition for approval of minor’s compromise for Claimant Javier Mateo Perez is approved (but Petitioner, Javier Perez, must attend the hearing.)

Petitioner Javier Perez filed the instant petition for approval of minor’s compromise for Claimant Javier Mateo Perez.

On January 9, 2024, Marta Arredondo, Javier Perez, Javier Mateo Perez, a minor, by and through his Guardian Ad Litem, Javier Perez, and Jose Adrian Perez, a minor, by and through his Guardian Ad Litem, Javier Perez (collectively, “Plaintiffs”), filed a complaint against Defendants 335 S. Witmer LLC and R&E Management, Inc. (“Defendants”) for uninhabitable conditions at Plaintiffs’ apartment, alleging 1) Breach of Warranty of Habitability; 2) Breach of Covenant of Quiet Enjoyment; 3) Negligence; and 4) Breach of Contract.

On July 10, 2024, Plaintiffs filed their First Amended Complaint alleging the same causes of action.

“A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered as provided in subdivision (c). If the court orders that all or any part of the money to be paid under the compromise or covenant be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, the release and satisfaction or covenant is not effective for any purpose until the money has been deposited as directed in the order of the court.” (Prob. Code, § 3500(d).)

“The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If the petition is unopposed, the court shall issue a decision on the petition at the conclusion of the hearing.” (Prob. Code, § 3505.)

“The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or person with a disability.” (Prob. Code, § 3601(a).)

Claimant Javier Mateo Perez (“Claimant”), a minor, by and through his Guardian Ad Litem, Javier Perez (“Petitioner”), has agreed to settle his claims against Defendant 335 S. Witmer LLC in exchange for $5,000.00. (Petition, ¶ 10.) If approved, $1,250.00 will be used for attorney’s fees and $190.28 for costs in filing and service fees, leaving a balance of $3,559.72 for Claimant. (Id., ¶ 16.) Claimant does not claim medical expenses. (Id.)

The Court finds the petition is properly approved. Defendant 335 S. Witmer LLC has agreed to pay Claimant a gross settlement of $3,559.72. The Court finds this settlement to be fair and reasonable considering the adult plaintiffs were allocated $47,500 each for incurring the majority of the special damages in the form of rent paid during the unhabitable period and property damage. (Petition, Attachment 11b(3).) Further, Claimant has recovered completely from any injuries, has no permanent injuries, and incurred no medical expenses in connection with this action. (Petition, ¶¶ 8, 12.)

$1,250, or 25%, of the gross settlement is to pay for attorney’s fees. (Petition, Fishenfeld Decl., ¶¶ 4-7.) The Court finds this to be reasonable considering Claimant’s counsel investigated liability, gathered records, and engaged in settlement discussions. Claimant’s attorney expects to receive attorney’s fees in addition to that requested in this petition in the amount of $39,250 from 335 S. Witmer LLC upon approval of this petition. (Petition, ¶ 17(f).)

Petitioner requests the balance of $3,559.72 to be paid or delivered to the Petitioner Javier Perez, the parent of the minor Claimant, at 335 S. Witmer St., Apt. 10 Los Angeles, CA 90017, upon the terms and under the conditions specified in Probate Code sections 3401-3402, without bond. (Petition, ¶ 18, Attachment 18b(5).) In compliance with Probate Code § 3401, the total estate of the minor does not exceed $5,000. (Perez Decl., ¶ 3.)

Moving Party to give notice.

Petitioner Javier Perez’s petition for approval of minor’s compromise for Claimant Jose Adrian Perez is approved.

Petitioner Javier Perez filed the instant petition for approval of minor’s compromise for Claimant Jose Adrian Perez.

On July 10, 2024, Plaintiffs filed their First Amended Complaint alleging the same causes of action.

Claimant Jose Adrian Perez (“Claimant”), a minor, by and through his Guardian Ad Litem, Javier Perez (“Petitioner”), has agreed to settle his claims against Defendant 335 S. Witmer LLC in exchange for $5,000.00. (Petition, ¶ 10.) If approved, $1,250.00 will be used for attorney’s fees and $190.28 for costs in filing and service fees, leaving a balance of $3,559.72 for Claimant. (Id., ¶ 16.) Claimant does not claim medical expenses. (Id.)

Hon. Daniel M. Crowley

Judge of the Superior Court