Judge: Joel L. Lofton, Case: 19STCV13658, Date: 2022-08-11 Tentative Ruling

Case Number: 19STCV13658    Hearing Date: August 11, 2022    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     August 11, 2022                                  TRIAL DATE:  No date set.

CASE:                         ROBERT GANT; AYANO OHASHI; AKANE GANT, a minor by and through her Guardian Ad Litem, ROBERT GANT; ORION GANT, a minor by and through his Guardian Ad Litem, Robert Gant, v. KELBURN568, LLC, a California Limited Liability Company; and DOES 1-20, inclusive.

CASE NO.:                 19STCV13658

PETITIONS TO CONFIRM MINOR’S COMPROMISE

PETITIONING PARTY:    Petitioner Ayano Ohashi on behalf of Plaintiffs and Claimants Akane Gant and Orion Gant

RESPONDING PARTY:     No response filed.

SERVICE:                             Filed July 15, 2022

RELIEF REQUESTED

            Plaintiff and Petitioner Ayano Ohashi petitions this Court for approval of a compromise of the claims of Plaintiffs Akane Gant and Orion Gant.

BACKGROUND

            This case arises out of a claim that Defendant Kelburn568 (“Defendant”) failed to properly maintain a residential property. Plaintiffs Robert Gant, Ayano Ohashi, Akane Gant, a minor by and through her Guardian Ad Litem, Robert Gant, and Orion Gant, a minor by and through his Guardian Ad Litem, Robert Gant, allege they suffered injuries caused by Defendant’s failure to maintain the premises.

            Plaintiffs filed a complaint on April 19, 2019, alleging six causes of action for (1) negligent maintenance of premises, (2) nuisance, (3) breach of warranty of habitability, (4) breach of the covenant of quiet enjoyment, (5) negligent violations of statutory and legal duties, and (6) intentional violation of statutory and legal duties. 

TENTATIVE RULING

Petitioner’s petition to confirm Akane Gant’s compromise is granted.

Petitioner’s petition to confirm Orion Gant’s compromise is granted.

DISCUSSION

            Petitioner Ayano Ohashi petitions for approval for a settlement of the present case on behalf of minor plaintiffs and claimants Akane Gant (“Akane”) and Orion Gant (“Orion”). Ohashi provides that she is the mother of Akane and Orion. (Ohashi Decls. ¶ 1.) She provides that Akane and Orion both sought medical treatment for their injuries. (Ohashi Decls. ¶ 2.) Ohashi provides that since moving from the property, all injuries to Akane and Orion have been resolved. (Ohashi Decl. ¶ 3.)

            Each separate petition provides that Akane and Orion would receive identical settlements for the present case. Section 10 for each petition provides that Akane and Orion would each receive $10,000 for settlement, minus $2,500 in attorney’s fees as dictated by the contingency fee agreement with counsel David K. Dorenfeld. (Attachment 17a.) Therefore, Akane and Orion would each separately receive $7,500 to be deposited in an insured account. (Petition section 18b, Attachment 18b(2).)

            Petitioner provides that the gross settlement in this case is $50,000, minus $17,000 in attorney’s fees and $4,213.18 in other expenses, for a net balance of $28,786.82.

CONCLUSION

            Petitioner’s petition to confirm Akane Gant’s compromise is granted.

Petitioner’s petition to confirm Orion Gant’s compromise is granted.

Dated:   August 11, 2022                                ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their