Judge: Maurice A. Leiter, Case: 21STCV25005, Date: 2023-01-24 Tentative Ruling

Case Number: 21STCV25005    Hearing Date: January 24, 2023    Dept: 54

Hearing Date: January 24, 2023

Department 54, Judge Maurice A. Leiter

(2) Petitions for Minor’s Compromise

Moving Party: Minor Plaintiffs Steve Emilio Mendez and Brandon Isai Mendez

Responding Party: None

T/R:     THE PETITIONS ARE GRANTED.

            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 8:00 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 seeks approval of a settlement from Defendants Dominic Guadagno and Severina Guadagno under which minor Plaintiffs each would receive $30,000.00 of a total settlement of $500,000.00.  Attorneys’ fees of $7,500.00 will be deducted from the minor claimants’ respective settlement amounts.  Minor claimants’ net proceeds are $22,500.00 each. The settlement funds will be placed in blocked accounts.

This is a landlord tenant action involving allegations of uninhabitable conditions.   Having reviewed the petition, the Court finds that the individual settlements are fair in light alleged injuries sustained. The attorney’s fees are reasonable.