Judge: John J. Kralik, Case: 23BBCV01404, Date: 2024-04-12 Tentative Ruling
Case Number: 23BBCV01404 Hearing Date: April 12, 2024 Dept: NCB
CASE NAME:
CASE
NUMBER:
HEARING
DATE:
______________________________________________________________________________
SUBJECT: Minor’s
Compromise
MOVING
PARTY: Plaintiff
RESP. PARTY: No
opposition
TENTATIVE RULING:
GRANTED –
The Court has reviewed the petition
and finds the settlement fair and reasonable. The parties have an agreement for
attorney’s fees, which is attached to the petition, the Declaration of Counsel
is sufficient to substantiate the work done in connection with this matter, and
the petition is properly verified by Petitioner. The Court is therefore inclined to grant the
petition.
Per CRC Rule 7.952, Petitioner and
the Claimant are required to attend the hearing on the petition. The Court will therefore require attendance
at the hearing in order to grant the petition.
1.
Facts
The
complaint, filed on June 22, 2023, alleges causes of action for: (1) violation
of Civil Code, § 1942.4; (2) statutory breach of warranty of habitability; (3)
tortious breach of the warranty of habitability; (4) private nuisance; (5)
violation of Business & Professions Code, § 17200 et seq.; (6)
negligence; (7) breach of the covenant of quiet enjoyment; (8) violation of
Civil Code, § 1942.5; (9) IIED; (10): NIED; (11) breach of the covenant of good
faith and fair dealing; and (12) violation of LAMC § 45.33.
Plaintiff
Jairo Munoz Santacruz and Plaintiffs/minors Daniel Munoz, Giselle Munoz,
Anabelle Munoz, Izabelle Munoz, and Arielle Munoz allege that they were tenants
of an unpermitted residential unit separate from but located at 6312 Bakman
Ave., North Hollywood, CA 91606.
Plaintiffs allege that they occupied the subject property since January
2009 pursuant to an oral agreement with Defendant Luisa A. Reyes. Plaintiffs allege that the property was
uninhabitable, substandard, and defective.
(See Compl., ¶29.)
There
are 4 petitions for minor’s compromise.
2.
Merits
of Motion re ANABELLE MUNOZ
|
NAME OF MINOR |
Anabelle
Munoz |
|
NAME OF GUARDIAN
AD LITEM |
Jairo
Munoz Santacruz |
|
NAME OF
DEFENDANT(S) |
Luisa Reyes, Raphael Reyes, Wilfredo Reyes |
|
Settlement |
$10,000 |
|
Medical Bills |
$0 |
|
Attorney’s Fees |
$2,500
(25%) |
|
Litigation Costs |
$0 |
|
TOTAL TO BE PAID
TO MINOR |
$7,500 |
A.
General
Requirements
|
Petition
on Form MC-350? |
Yes |
|
Proposed
Order on Form MC-351? |
Yes |
|
Proof
of service on other parties? |
No |
B.
Type of injury,
medical expenses:
|
Medical
records documenting injuries and treatment? |
No |
|
Negotiated
reduction in medical liens? |
No |
|
Injuries
completely healed? |
No
– emotional distress damages |
C.
Handling of funds
|
How
are settlement funds to be disposed of: |
The
net settlement amount will be deposited in insured accounts subject to
withdrawal only upon court authorization.
|
|
Order
to Deposit Money into Blocked Account on Form MC-355? |
Yes |
D.
Attorneys’ Fees
and Litigation Costs
|
Attorneys’
fees requested? |
Yes |
|
If
yes, attorney declaration? |
Yes
(CRC, Rule 7.955) |
|
Copy
of retention agreement? |
Yes |
|
Litigation
costs requested? |
No |
3.
Merits
of Motion re ARIELLE MUNOZ
|
NAME OF MINOR |
Arielle
Munoz |
|
NAME OF GUARDIAN
AD LITEM |
Jairo
Munoz Santacruz |
|
NAME OF
DEFENDANT(S) |
Luisa Reyes, Raphael Reyes, Wilfredo Reyes |
|
Settlement |
$10,000 |
|
Medical Bills |
$0 |
|
Attorney’s Fees |
$2,500
(25%) |
|
Litigation Costs |
$0 |
|
TOTAL TO BE PAID
TO MINOR |
$7,500 |
A.
General
Requirements
|
Petition
on Form MC-350? |
Yes |
|
Proposed
Order on Form MC-351? |
Yes |
|
Proof
of service on other parties? |
No |
B.
Type of injury,
medical expenses:
|
Medical
records documenting injuries and treatment? |
No |
|
Negotiated
reduction in medical liens? |
No |
|
Injuries
completely healed? |
No
– emotional distress damages |
C.
Handling of funds
|
How
are settlement funds to be disposed of: |
The
net settlement amount will be deposited in insured accounts subject to
withdrawal only upon court authorization.
|
|
Order
to Deposit Money into Blocked Account on Form MC-355? |
Yes |
D.
Attorneys’ Fees
and Litigation Costs
|
Attorneys’
fees requested? |
Yes |
|
If
yes, attorney declaration? |
Yes
(CRC, Rule 7.955) |
|
Copy
of retention agreement? |
Yes |
|
Litigation
costs requested? |
No |
4.
Merits
of Motion re GISELLE MUNOZ
|
NAME OF MINOR |
Giselle
Munoz |
|
NAME OF GUARDIAN
AD LITEM |
Jairo
Munoz Santacruz |
|
NAME OF
DEFENDANT(S) |
Luisa Reyes, Raphael Reyes, Wilfredo Reyes |
|
Settlement |
$10,000 |
|
Medical Bills |
$0 |
|
Attorney’s Fees |
$2,500
(25%) |
|
Litigation Costs |
$0 |
|
TOTAL TO BE PAID
TO MINOR |
$7,500 |
A.
General
Requirements
|
Petition
on Form MC-350? |
Yes |
|
Proposed
Order on Form MC-351? |
Yes |
|
Proof
of service on other parties? |
No |
B.
Type of injury,
medical expenses:
|
Medical
records documenting injuries and treatment? |
No |
|
Negotiated
reduction in medical liens? |
No |
|
Injuries
completely healed? |
No
– emotional distress damages |
C.
Handling of funds
|
How
are settlement funds to be disposed of: |
The
net settlement amount will be deposited in insured accounts subject to
withdrawal only upon court authorization.
|
|
Order
to Deposit Money into Blocked Account on Form MC-355? |
Yes |
D.
Attorneys’ Fees
and Litigation Costs
|
Attorneys’
fees requested? |
Yes |
|
If
yes, attorney declaration? |
Yes
(CRC, Rule 7.955) |
|
Copy
of retention agreement? |
Yes |
|
Litigation
costs requested? |
No |
5.
Merits
of Motion re IZABELLE MUNOZ
|
NAME OF MINOR |
Izabelle
Munoz |
|
NAME OF GUARDIAN
AD LITEM |
Jairo
Munoz Santacruz |
|
NAME OF
DEFENDANT(S) |
Luisa Reyes, Raphael Reyes, Wilfredo Reyes |
|
Settlement |
$10,000 |
|
Medical Bills |
$0 |
|
Attorney’s Fees |
$2,500
(25%) |
|
Litigation Costs |
$0 |
|
TOTAL TO BE PAID
TO MINOR |
$7,500 |
A.
General
Requirements
|
Petition
on Form MC-350? |
Yes |
|
Proposed
Order on Form MC-351? |
Yes |
|
Proof
of service on other parties? |
No |
B.
Type of injury,
medical expenses:
|
Medical
records documenting injuries and treatment? |
No |
|
Negotiated
reduction in medical liens? |
No |
|
Injuries
completely healed? |
No
– emotional distress damages |
C.
Handling of funds
|
How
are settlement funds to be disposed of: |
The
net settlement amount will be deposited in insured accounts subject to
withdrawal only upon court authorization.
|
|
Order
to Deposit Money into Blocked Account on Form MC-355? |
Yes |
D.
Attorneys’ Fees
and Litigation Costs
|
Attorneys’
fees requested? |
Yes |
|
If
yes, attorney declaration? |
Yes
(CRC, Rule 7.955) |
|
Copy
of retention agreement? |
Yes |
|
Litigation
costs requested? |
No |