Judge: Joseph Lipner, Case: 22STCV25669, Date: 2023-09-14 Tentative Ruling

Case Number: 22STCV25669    Hearing Date: September 14, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA 

COUNTY OF LOS ANGELES 

DEPARTMENT 72 

TENTATIVE RULING 

Petitioner Selem Delgado seeks approval of compromise of a claim as to minor claimants Danny Jesus Linares, Eddys Gabriel Linares, and Delilah Selem Linares, ages 3, 9, and 9, respectively.

The hearing on Petition to Confirm Minor’s Compromise as to Danny Jesus Linares, Eddys Gabriel Linares, and Delilah Selem Linares is CONTINUED for Petitioner to address or resolve the discrepancy between the amount provided in item 18b(5) and the amount provided in the corresponding Attachment 18b(5). 

Background 

On August 9, 2022, Plaintiffs Gricelda Sanchez, Guillermo Sanchez, Eddys Linares, Selem Delgado, Danny Jesus Linares, a minor by and through his guardian ad litem, Selem Delgado, Eddys Gabriel Linares, a minor by and through his guardian ad litem, Selem Delgado, and Delilah Selem Linares, a minor by and through her guardian ad litem, Selem Delgado filed a complaint against Defendants Rampart East LLC and Does 1 through 50 for (1) breach of warranty of habitability; (2) breach of covenant of quiet enjoyment; (3) negligence; and (4) breach of contract.  Plaintiffs allege that Defendants failed to maintain the subject property at a multi-family apartment building at 422 S. Rampart Blvd., Los Angeles, CA 90057.

On May 3, 2023, Petitioner Selem Delgado (“Petitioner”) filed a Petition for Approval of Compromise of a Claim or Action as to minor claimants Danny Jesus Linares, Eddys Gabriel Linares, and Delilah Selem Linares, ages 3, 9, and 9, respectively (“Claimants”).     

Legal Standard 

Court approval is required for all settlements of a minor’s claim.  (Prob. Code §§ 3500, 3600, et seq.;  Code Civ. Proc., § 372.)  “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid.  [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’”  (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.)  A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.”  (Code Civ. Proc., § 372, subd. (a)(1).)  Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code section 3500.  

Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’”  (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.)  

Discussion 

The Court excuses the personal appearance of Claimants and the guardian ad litem.  Counsel may appear by telephone or video conference call.¿¿ 

The Court has reviewed the petitions to confirm minor’s compromise.  The Court finds the settlement is reasonable, however it cannot approve and grant the petitions at this time. 

Plaintiffs have agreed to settle their claims for the total amount of $70,000.00, in which $15,000.00 is to be apportioned to each adult plaintiff and $3,333.33 to their children/Claimants.  If the settlement is approved, $833.33 will be used for attorneys’ fees and $110.83 for expenses.  The net balance of $2,389.17 will be paid or delivered to the Claimants’ parent (Mother, Selem Delgado).

The Court has reviewed the settlement and finds it fair and reasonable.  The Court also finds the attorneys’ fees fair and reasonable, in that it amounts to 25% of Claimants’ settlement.  

However, item 18b(5) provides the amount that will be paid or delivered to the Claimants’ Mother is $2,389.17, but the amount provided in the corresponding Attachment 18b(5) is $879.17. 

Accordingly, the Court cannot approve and grant the petitions at this time.  The Hearing on Petition to Confirm Minor’s Compromise as to Danny Jesus Linares, Eddys Gabriel Linares, and Delilah Selem Linares is CONTINUED. 

 Petitioner shall file amended petitions addressing or resolving the issue set forth above. 

Moving party is ordered to give notice.