Judge: Gregory Keosian, Case: 21STCV31986, Date: 2022-12-05 Tentative Ruling

Case Number: 21STCV31986    Hearing Date: December 5, 2022    Dept: 61

Plaintiff Marisa Gonzales’ Petition to Confirm Minor’s Compromises for Claimants Katy Orozco Gonzales and Jonathan Orozco Gonzales shall be GRANTED when Petitioner submit written and verified assurances as required under Probate Code § 3401.

I.                   PETITION FOR MINOR’S COMPROMISE

The settlement that Plaintiff Marisa Gonzales seeks to have approved for minor claimants Katy Orozco Gonzales and Jonathan Orozco Gonzales is as follows. Defendants S&R Venture I, LLC and PAMA Management, Inc. (Defendants) are to pay a gross settlement amount of $150,000.00. (Petition at p. 3.) From this, $5,000.00 is apportioned to each minor claimant, with adult Plaintiffs Marisa Gonzales and Elmer Ovando Orozco Molino each receiving $70,000.00. (Ibid.) Attorney fees are to be paid from each adult share in the amount of 40% of the gross proceeds, or $28,000.00, while the minor claimants are to pay 25%, or $1,250.00, per a contingency agreement between Marisa Gonzales and counsel. (Petition Att. 13a.) Thus each minor plaintiff is to receive a net settlement payment of $3,750.00. (Petition at pp. 6–7.)

In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.

The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.

(CRC Rule 7.955, subd. (a)(1)–(2).)

The 25% contingency fee charged here is supported by the declaration of attorney Haig Kazandjian. (Petition Att. 13a.) The rate charged is reasonable, given the results obtained and the subject matter of this habitability action.

Each claimant’s proceeds are to be paid to Petitioner Marisa Gonzales under Probate Code §§ 3401–3402. (Petition at p. 8.) That statute provides as follows.

Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements of subdivision (c) are satisfied.

. . .

(c) This section applies only if both of the following requirements are satisfied:

(1) The total estate of the minor, including the money and other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.

(2) The parent to whom the money or other property is to be paid or delivered gives the person making the payment or delivery written assurance, verified by the oath of such parent, that the total estate of the minor, including the money or other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.

(Code Civ. Proc. § 3401, subd. (a), (c).)

Here, although the petitions seek to apportion the funds under the above statute, the petition does not include “written assurance, verified by the oath of such parent, that the total estate of the minor, including the money or other property to be paid or delivered to the parent, does not exceed five thousand dollars . . . in value,” or a statement that such assurance has been given to the defendants.

The petitions shall therefore be GRANTED when Petitioner submit written and verified assurances as required under Probate Code § 3401