Judge: Deirdre Hill, Case: BC704229, Date: 2022-09-13 Tentative Ruling

Case Number: BC704229    Hearing Date: September 13, 2022    Dept: M

Hearing Date:                          September 13, 2022

Moving Parties:                      Petitioner Mica Williams

Responding Party:                  None

Petition to Approve Compromise of Pending Action of Minor

            The court considered the moving papers.

RULING

The court is inclined to grant petitioner’s Petition to Approve Compromise of Pending Action on behalf of minor claimant Cameron Sample.

Pursuant to California Rules of Court, Rule 7.952(a), petitioner and minor claimant are required to attend the hearing on the petition but the court finds good cause to dispense with the appearance of the minor based on the amount in settlement.

BACKGROUND

BC704229 (Hudson case)

On April 27, 2018, plaintiff Chanee Hudson filed a complaint against 4126 Associates, LP, 4200 West Century Associates, LLC, and several others.

On October 24, 2018, plaintiff Hudson filed a First Amended Complaint against 4126 Associates LP and Frank Martini for breach of implied warranty of habitability, breach of contract, breach of covenant of good faith and fair dealing, negligence, negligence per se, premises liability, negligent misrepresentation, concealment, and unfair business practices.  Plaintiff alleges that this case involves a “slumlord” renting out illegal, defective, and uninhabitable dwelling units without certificates of occupancy to plaintiff and others at 4126 W. Century Blvd., in the City of Inglewood.  Plaintiff alleges that while residing at the subject property, he suffered numerous symptoms from toxic mold.

On February 25, 2018, the parties entered into a stipulation for leave to file a second amended complaint.

            On March 1, 2019, BC704229 and 18STCV02528 were deemed related.

On May 16, 2019, plaintiff Hudson filed a Second Amended Complaint.

On August 13, 2021, Hudson along with plaintiffs from the consolidated case filed a Third Amended Complaint.

            18STCV02528

On October 28, 2018, plaintiffs Charles Lewis, Danielle Andrews, Erica Cleveland, Jacqueline Gallegos, Joe Walker, Michael Sample III, Jericho Hilger, Mica Williams, and James Lawrence filed a complaint against 4126 Associates LP and Frank Martini.

On May 17, 2019, plaintiffs filed a FAC for (1) breach of implied warranty of habitability, (2) breach of contract, (3) breach of covenant of good faith and fair dealing, (4) unfair business practices, (5) NIED, (6) IIED, and (7) wrongful eviction.

The cases were related and consolidated.

DISCUSSION

The court has reviewed the petition and finds the settlement terms to be fair and reasonable.  According to the petition, there were no physical injuries to the minor plaintiff.  He is alleged to have “suffered psychic injuries but there was no diagnosis and no treatment.”   There was a global settlement in the amount of $250,000, to be apportioned amongst 11 plaintiffs.  Petitioner Mica Williams and her two children, including minor Sample, were allocated 40%, of which minor was allocated 12% ($30,000).  The $30,000 is to be allocated as follows:  $15,991.24 to minor to be deposited into a blocked account; $12,000 in attorney’s fees; $2,008.76 in litigation costs (12% of total costs for all claimants).

The court is inclined to grant the petition.