Judge: Kevin C. Brazile, Case: 22STCV21861, Date: 2023-10-13 Tentative Ruling

Case Number: 22STCV21861    Hearing Date: October 13, 2023    Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Hearing Date:                         Friday, October 13, 2023

Case Name:                             Nancy Mejia, et al. v. Urban Neighborhood Los Angeles, LLC.,et al.

Case No.:                                22STCV21861

Motion:                                  Petition to Confirm Minor’s Compromise

Moving Party:                         Petitioner Nancy Mejia

Responding Party:                  None

Notice:                                    OK

Ruling:                                    The Petition to Confirm Minor’s Compromise is GRANTED.

Moving Party to give notice.

This is a lawsuit in which Plaintiff Sophia Bautista, a minor, along with others allege that were subjected to uninhabitable conditions including, but not limited to: severe rodent infestation, lack of adequate plumbing facilities, broken fixtures, and lack of adequate flooring and structural maintenance. Plaintiffs allege they notified Defendants Urban Neighborhood Loss Angeles, LLC and Property Management Associates, Inc. of the uninhabitable conditions and the issues were not resolved. Plaintiffs claim to have suffered mental and emotional damages.

Court approval is required for all settlements of a minor’s claim. (Probate Code 3500, 3600, et seq.; Code of Civ. Proc. 372.) The Court has reviewed the proposed settlement and

finds that it is fair and reasonable.

The total settlement value of this case is $135,000.00. The present value of the settlement relative to Claimant is $10,000.00. Disbursement of the $135,000.00 settlement is as follows:

·      $125,000.00 for the claims of adult Plaintiffs Nancy Mejia, Ernestina Villaneda, and Jennifer Ayala; and

·      $10,000.00 for the claims of minor Plaintiff Sophia Bautista.

Claimant’s counsel also represents the remaining plaintiffs in the case to which this Petition pertains. Petitioner is Claimant’s mother and is also a plaintiff in the instant action. As mother of the minor plaintiff in this action, Petitioner states that she wants to provide a much better home and environment for her family. Petitioner seeks a large percentage of the settlement in order to move into a better place - one where they can all safely and happily live. The Court finds that the fact that Petitioner is a plaintiff in the same action as Claimant does not likely materially affect Claimant’s compromise of claim.

The Court also finds the requested attorneys’ fees of 25% of the settlement to be fair and reasonable. (Attachment 13a, Lloreda, Jr. Decl.; Attachment 17a, Attorney-Client Fee Arrangment)

In light of the foregoing, the Petition to Approve Minor’s Compromise is granted.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance. The Court finds that

Claimant’s appearance is not necessary, but will require Petitioner Nancy Mejia to appear.

            Moving party to give notice.