Judge: Mark C. Kim, Case: 21LBCV00319, Date: 2022-11-22 Tentative Ruling

Case Number: 21LBCV00319    Hearing Date: November 22, 2022    Dept: S27

Plaintiffs, Kimberly Vessel, Paul Juarez, Kinsley Juarez, and Samory McQueen filed this action against Defendants, Grandmother Clock Holdings, LLC, On-Time Management, and Sandra Feliciano for premises liability, negligence, negligence per se, breach of contract/breach of covenant of quiet enjoyment, tortious breach of warranty of habitability, common law and statutory retaliatory eviction, bad faith retention of security deposit, and wrongful eviction.  Kinsley Juarez is a minor and is appearing by and through her GAL, Paul Juarez.

The parties have agreed to settle the entire action for the total amount of $175,000.  If the settlement is approved, $85,000 will be allocated to each of the two parents, and $2500 will be allocated to each of the two children (only one of whom is a minor).  The minor plaintiff will pay $625 (25%) of her settlement in attorneys’ fees, and the three adult plaintiffs will each pay 45% of their settlement in attorneys’ fees.  Petitioner seeks an order permitting the funds from the settlement to be released to him, without bond.

The Court has reviewed the settlement and finds it is fair and reasonable.  The Court is also satisfied with the allocation of the settlement proceeds, as the parents bore the brunt of the expenses and damages relating to the dispute.  Notably, the minor plaintiff did not obtain any medical treatment as a result of the condition of the property or the move, and is completely recovered from all symptoms relating to the property. 

Pursuant to CRC 7.952, unless good cause is found to excuse their appearance, Plaintiff and Petitioner must appear and testify at the hearing before the Court grants the petition.  Plaintiff is only eight years old, and the Court finds her age justifies excusing her appearance.  The Court will require Petitioner to appear and testify before it grants the petition.  Specifically, the Court needs to hear from Petitioner, under oath, that the value of the minor plaintiff’s entire estate, including the funds from this settlement, are not in excess of $5000.  Additionally, the Court wishes to hear from Petitioner about how the funds will be used if they are provided to him without bond, as the Court typically requires settlement funds to be placed in a blocked account.  If the Court is satisfied in both regards, it will grant the petition; if the Court is not satisfied, it will require the funds to be placed in a blocked account.