Judge: Maurice A. Leiter, Case: 21STCV44048, Date: 2023-11-08 Tentative Ruling

Case Number: 21STCV44048    Hearing Date: January 23, 2024    Dept: 54

Hearing Date: January 23, 2024

Department 54, Judge Maurice A. Leiter

Petition for Minor’s Compromise

Moving Party: Minor Plaintiff Divine Leggett

Responding Party: None

T/R:     THE PETITION IS 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 moving papers. 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 fully disclose 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.) 

Petitioner seeks court approval for a settlement from Defendants Michael Wilk, A&M Real Estate, Shelly A. McClellan and Bradly Homan under which the minor claimant would receive $68,750.00 out of a total settlement of $137,500.00. $17,187.50 in attorneys’ fees will be deducted from the minor claimants’ settlement amounts for a net settlement of $51,562.50. The settlement funds will be placed in a blocked account.

This is a landlord tenant action involving allegations of uninhabitable conditions.   Having reviewed the petition, the Court finds that the individual settlement fair in light of the alleged injuries sustained by claimant. The Court finds attorney’s fees and costs to be reasonable.

The petition is GRANTED.