Judge: Lynette Gridiron Winston, Case: 22STCV15181, Date: 2024-01-03 Tentative Ruling

Case Number: 22STCV15181    Hearing Date: January 3, 2024    Dept: 6

CASE NAME:  Roger Salas, et al. v. Virginia Square, LLC

Petition for Minor’s Compromise 

TENTATIVE RULING

The Court GRANTS the petition for minor’s compromise on the condition that Petitioner submit corrected proposed orders (Form MC-355 and MC-351) addressing the issues identified herein. 

Petitioner is ordered to provide notice of the Court’s ruling and file proof of service of same within five days of the Court’s order. 

BACKGROUND

This is a habitability case. On May 6, 2022, plaintiffs Roger Salas, Lucero Salas, individually and as Guardian ad Litem for Chloe Salas, filed this action against defendant Virginia Square, LLC (Defendant), alleging causes of action for breach of warranty of habitability (x 3), negligence – premises liability, nuisance, intentional infliction of emotional distress, breach of contract, unfair business practices (violation of Business and Professions Code section 17200 et seq.,), and fraudulent concealment. 

On December 5, 2023, Chloe Salas (Claimant), a minor by and through her Guardian ad Litem, Lucero Salas (Petitioner), filed this a petition to confirm a minor’s compromise reached with Defendant. 

DISCUSSION

Plaintiffs have agreed to settle their claims with Defendant in exchange for $135,000.00, $3,000.00 of which will go to Claimant. If approved, $750.00 will be used to pay attorney’s fees, leaving a balance of $2,250.00 for Claimant, to be deposited into a blocked account. 

Court approval is required for all settlements of a minor’s claim. (Probate Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.) The Court has reviewed the proposed settlement and finds it to be fair and reasonable. Further, the Court finds the proposed attorney’s fees, equaling 25% of Claimant’s settlement proceeds, to be fair and reasonable. 

However, the Court notes the proposed order to deposit money into blocked account (Form MC-355, ¶ 5, subd. (b)) lists Claimant’s birthdate as April 22, 2009; elsewhere it is stated as October 22, 2019. (See, e.g., Application for Guardian ad Litem (6/16/22), ¶ 4, subd. (a); Form MC-351, ¶ 9, subd. (c)(2)); Form MC-350, ¶ 2, subd. (b).) The proposed order approving compromise does not identify how the balance of the settlement is to be disbursed and the amount (Form MC-351, ¶ 8, subd. (b)). These issues can be easily corrected by Petitioner submitting corrected Forms MC-355 and MC-351. 

Based on the foregoing, the Court GRANTS the petition on the condition that Petitioner submit corrected proposed orders (Form MC-355 and MC-351) addressing the issues identified herein. 

CONCLUSION

The Court GRANTS the petition for minor’s compromise on the condition that Petitioner submit corrected proposed orders (Form MC-355 and MC-351) addressing the issues identified herein. 

Petitioner is ordered to provide notice of the Court’s ruling and file proof of service of same within five days of the Court’s order.