Judge: Joseph Lipner, Case: 23STCV06447, Date: 2024-06-18 Tentative Ruling

Case Number: 23STCV06447    Hearing Date: June 18, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Petitioner and Plaintiff Reina De Leon (“Petitioner”) seeks the approval of the compromise of the claims of Plaintiffs Estrella Rebeca Leja De Leon (“Estrella”), Lucas Julian Leja De Leon (“Lucas”), and Juan Alejandro Abdias Leja De Leon (“Juan”) (collectively, the “Minor Plaintiffs”) (the Court uses first names for clarity only, and means no disrespect).

The Court GRANTS each of the three petitions.

Background

            This is a landlord-tenant case. Petitioner, Estrella, Lucas, Juan, and Rudy Lucas Leja Tzic (collectively, “Plaintiffs”) are residential tenants at 447 S. Rampart Boulevard Los Angeles, California 90057, a multi-family apartment building (the “Property”). Plaintiffs live in Unit 305 of the property pursuant to a lease agreement. Defendants are the owners and managers of the Property.

            Plaintiffs allege a number of defects in the Property that Defendants failed to fix, including insect and rodent infestations, defective flooring, general dilapidation, failure to maintain the windows and plumbing, and lack of required electrical lighting.

            Plaintiffs filed this action on March 23, 2023, raising claims for (1) breach of warranty of habitability; (2) breach of covenant of quiet enjoyment; (3) negligence; and (4) breach of contract.

            Petitioner filed each of these three petitions on May 7, 2024. No party has filed an opposition.

Legal Standard

Pursuant to California Code of Civil Procedure section 372, any settlement of a claim made by a minor or adult with a disability must be approved by the court. If the court is satisfied that the settlement is in the best interest of the claimant, then the court shall approve the settlement. (See Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.)   

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court, Rules 7.950, 7.951, and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant. (Cal. Rules of Court, Rule 7.950.)  The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, Rule 7.952.)   

Discussion

            No party objects to the settlement here.

The gross settlement value is $90,000. Each of the adult Plaintiffs – Petitioner and Tzic – will receive $37,500.00. Each of the Minor Plaintiffs will receive $5,000.00. No portion of the Minor Plaintiffs’ settlements is allocated to medical expenses. The adult Plaintiffs are being allocated the majority of damages for the cost of rent paid during the period in which the Property was allegedly uninhabitable.

Petitioner requests approval of $1,250.00 in attorney’s fees and $327.89 in costs to be taken from each Minor Plaintiff’s settlement, leaving each Minor Plaintiff with $3,422.11. The attorney fee represents a contingency fee of 25%. The Court finds these fees and costs to be reasonable.

            The Court finds that these settlements are in the best interests of each of the Minor Plaintiffs. The Court therefore grants each of the three petitions.