Judge Lynne M. Hobbs, Case Number: 22STCV10746, Date: 2024-12-18 Tentative Ruling

Judge: Lynne M. Hobbs, Case: 22STCV10746, Date: 2024-12-18 Tentative Ruling

Case Number: 22STCV10746 Hearing Date: December 18, 2024 Dept: 61

ABRAHAM HUGO LOPEZ SEIJAS,, A MINOR BY AND THROUGH HIS GUARDIAN AD LITEM, HUGO LOPEZ VASQUEZ, et al. vs 3049 8TH STREET LP, A LIMITED PARTNERSHIP

TENTATIVE

The court excuses the appearance of the minors. Plaintiff Hugo Lopez Vasquez’s Petitions to Approve Minor’s Compromise for Minor Plaintiffs A.H.L.S., R.N.L.S., and J.N.L.V.S. are GRANTED.

Moving party to give notice.

DISCUSSION

Minors or people without legal capacity to make decisions must appear in court by a guardian, conservator of the estate, or guardian ad litem. (Code Civ. Proc. § 372, subd. (a)(1).) Such person appearing in court on behalf of the minor or person without capacity has the power to compromise the claims of the represented person, “with the approval of the court.” (Ibid.) The requirement of court approval exists “to protect the best interests of the minor.” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.)

“A petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor's disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.” (CRC Rule 7.950.)

If an attorney assisted in the preparation of the petition, the petition must disclose: “(1) The name, state bar number, law firm, if any, and business address of the attorney; (2) Whether the attorney became involved with the petition, directly or indirectly, at the instance of any party against whom the claim is asserted or of any party's insurance carrier; (3) Whether the attorney represents or is employed by any other party or any insurance carrier involved in the matter; (4) Whether the attorney has received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, and, if so, the amounts and the identity of the person who paid the fees or other compensation; (5) If the attorney has not received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, whether the attorney expects to receive any fees or other compensation for these services, and, if so, the amounts and the identity of the person who is expected to pay the fees or other compensation; and (6) The terms of any agreement between the petitioner and the attorney.” (CRC Rule 7.951.)

The petitioner and claimant must attend the hearing on the petition unless the court for good cause orders otherwise. (CRC Rule 7.952, subd. (a).)

In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability. The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events. (CRC Rule 7.955, subd. (a)(1)–(2).)

Plaintiff Hugo Lopez Vasquez brings this motion to approve a compromise on behalf of minor Plaintiffs. The gross global settlement amount is $299,999.95, from which minor plaintiffs are each to receive $25,999.00. (Petition Att. 11.) From this amount, $578.37 in costs are to be deducted, as well as $6,355.16 in attorney fees, representing a 25% cut of the gross amount. (Petition at p. 3.) The net settlement payment to Claimants amount to $19,065.47, for each, and are to be placed in an insured account subject to withdrawal upon authorization of the court. (Petition at p. 8.)

Plaintiff has shown good cause for approval of the compromise presented. The apportionment of the settlement and the reasonableness of the attorney fees is attested to in a declaration of Plaintiffs’ counsel. (Chapman Decl. ¶¶ 9–11.)

The petitions are GRANTED.