Judge: Maurice A. Leiter, Case: 21STC28342, Date: 2022-09-14 Tentative Ruling

Case Number: 21STC28342    Hearing Date: September 14, 2022    Dept: 54

Hearing Date: September 14, 2021

Department 54, Judge Maurice A. Leiter

(2) Petitions for Minor’s Compromise

Moving Party: Minor Plaintiffs

Responding Party: None

T/R:     THE PETITIONS ARE GRANTED SUBJECT TO THE LIMITATION BELOW.

PLAINTIFFS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:30 am on the day of the hearing. 

The Court considers the petitions.  No opposition has been received.

Compromises of disputed claims brought by minors are governed in part by CCP § 372. The statute allows a guardian ad litem to appear in court on behalf of a minor claimant and gives the guardian ad litem the power to compromise the minor’s claim “with the approval of the court in which the action or proceeding is pending.”  A petition for court approval of a compromise must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise or covenant.  (CRC Rule 7.950.)

CRC Rule 7.952(a) requires the attendance of the petitioner and claimant at the hearing on the compromise of the claim unless the court for good causes dispenses with their personal appearance.

“Neither section 372 nor the California Rules of Court (rules 7.950 & 7.952) contemplates a noticed motion and adversary hearing when court approval of a minor's compromise is sought. Although we need not decide the question, it would appear that a petition to approve or disapprove a minor's compromise may be decided by the superior court, ex parte, in chambers.”  (Pearson v. Superior Court (2012) 202 Cal. App. 4th 1333, 1337.) 

Petitioners seek court approval for a settlement from Defendants Maximum Realty & Property MGT, Artoor Moses and Amdiak LLC under which minor claimants each would receive $10,000.00 from a total settlement of $90,000.00. Attorneys’ fees of $3,500.00 and costs of $1,531.50 will be deducted from the minor claimants’ settlement amounts.  Minor claimants’ net proceeds are $4,968.51 each. The settlement funds will be placed in a CalAble account created for disability-related expenses.

This is a landlord tenant action involving allegations of uninhabitable conditions.   The Court finds that the individual settlements are fair in light alleged injuries sustained by claimants. The Court finds, however, that 35% in attorney’s fees is too high. This action did not include motion work or trial preparation. 30% in fees is reasonable.

The petitions are GRANTED subject to the limitation above.