Judge: Joseph Lipner, Case: 23STCV11583, Date: 2024-12-03 Tentative Ruling

Case Number: 23STCV11583    Hearing Date: December 3, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff Maria Isabel Varga Castanaza petitions for approval of minor compromise of disputed claim (Sebastian Castro-Vargas, Age: 16) filed on October 30, 2024 and set for hearing on December 3, 2024.

The Court GRANTS Plaintiff’s petition to approval of compromise of disputed claim.

Background

            On May 23, 2023, Plaintiffs Jacqueline Artola; Jaime Aguirre Alarcon; Samuel Joshua Aguirre, a minor, by and through his Guardian ad Litem, Jacqueline Artola; Gualberto Castro Montoya; Maria Isabel Varga Castanaza; Sebastian Castro-Vargas, a minor, by and through his Guardian ad Litem, Maria Isabel Vargas Castanaza; Edgar Amilcar Pimentel; Ana Gabriela Porres De Pimentel; and Edgar Roberto Pimentel (“Plaintiffs”) commenced this habitability action.

            The operative complaint is the First Amended Complaint (“FAC”) filed on August 3, 2023 against Defendant 596 New Hampshire LLC (“Defendant”) and DOES 1 to 100, inclusive, alleging causes of action for: (1) Violation of Civil Code § 1942.4; (2) Tortious Breach of the Warranty of Habitability; (3) Private Nuisance; (4) Business & Professions Code § 17200 et seq; (5) Negligence; and (6) Los Angeles Municipal Code § 45.33.

            The FAC alleges the Plaintiffs suffered uninhabitable, substandard housing conditions in the building and their respective rental units owned by Defendant. (FAC ¶¶1, 3-7.) The FAC further alleges despite multiple inspections, notices, and orders from the Housing Department, Defendant failed to abate the uninhabitable conditions. (Id. at ¶¶15-18.)

            On October 10, 2023, Defendant filed its Answer.

            On September 13, 2024, Plaintiff Artola filed a Notice of Settlement.

            On October 30, 2024, Plaintiff Maria Isabel Varga Castanaza filed the instant Petition to Approve Compromise of Disputed Claim (Sebastian Castro-Vargas, Age: 16). The petition is unopposed.

Legal Standard

             “A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered as provided in subdivision (c). If the court orders that all or any part of the money to be paid under the compromise or covenant be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, the release and satisfaction or covenant is not effective for any purpose until the money has been deposited as directed in the order of the court.” (Prob. Code, § 3500(d).) 

“The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If the petition is unopposed, the court shall issue a decision on the petition at the conclusion of the hearing.” (Prob. Code, § 3505.) 

“The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or person with a disability.” (Prob. Code, § 3601(a).) 

Discussion

            Claimant Sebastian Castro-Vargas (“Claimant”), a minor by and through his Guardian ad Litem, Maria Isabel Vargas Castanaza (“Petitioner”), has agreed to settle his claims against Defendant 596 New Hampshire LLC in exchange for $50,000.00. If approved, $12,500.00 will be used for attorney’s fees, representing 25% of the recovery.  This leaves a balance of $37,500.00 for Claimant to be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.

            The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Neither costs nor medical expenses are expected to be paid from the gross settlement amount. Further, the requested attorney’s fees is 25 percent of the gross settlement amount. (See Attach. 8b(2), 18b(3).)

            Accordingly, the Petition to Approve Compromise of Disputed Claim (Sebastian Castro-Vargas, Age: 16) is GRANTED.