Judge: Mel Red Recana, Case: 21STCV16533, Date: 2024-06-13 Tentative Ruling
All rulings shown here are TENTATIVE ONLY, and thus oral argument WILL be heard. All Counsel are still required to attend.
Case Number: 21STCV16533 Hearing Date: June 13, 2024 Dept: 45
Hearing date: June
13, 2024
Moving
Party: Plaintiff Jessica Cole
Responding
Party: None
Petitions
to Confirm Minor’s Compromise
The Court
considered the moving papers.
The
petitions are CONTINUED.
Background
This is a habitability
case. Plaintiffs Belarmino Gonzalez; Jessica Coll; Benyamin Gonzalez, by and
through his guardian ad litem, Jessica Coll; Jasmine Gonzalez, by and through
her guardian ad litem Jessica Coll, filed this action on May 3, 2021 against
defendant Shirley Repp, as trustee of the Repp Shirley R. Trust.
On September 11, 2023,
Plaintiffs filed the first amended complaint (FAC), alleging causes of action
for: (1) Breach of Contract; (2) Breach of Implied Warranty of Habitability;
(3) Intentional Infliction of Emotional Distress; (4) Nuisance; (5) Negligence;
(6) Wrongful Eviction; (7) Violation of Civil Code section 1942.4; and (8)
Violation of Civil Code section 1940.2.
The FAC alleges that during
Plaintiffs’ tenancy, Defendant allowed the following conditions to exist on the
subject property: Infestation of insects; Vermin; Excessive garbage and
unsanitary conditions; Visible mold; Defective plumbing; Defective flooring; Water
leaks; and Dampness, among other things. (FAC, ¶ 14.) Plaintiffs allege they repeatedly
notified Defendant of the subject property’s conditions, but Defendant failed
to remedy the conditions, placing the health and safety of Plaintiffs at risk.
(Id., ¶ 31-32.)
Discussion
Petitions to Approve
Minor’s Compromise – Claimants Jasmine Gonzalez and Benyamin Gonzalez,
minors, by and through their parent, Petitioner Jessica Cole (“Petitioner”), have
agreed to settle their claims against Defendant, in exchange for $2,500 each, $1,500
of which will go to each Claimant. If approved, $1,000 of each Claimant’s total
recovery will be used to pay attorney’s fees, leaving a balance of $1,500 for each
Claimant, to be delivered to Petitioner and held in trust for Claimants.
Court approval is required
for all settlements of a minor’s claim. (Probate Code, §§ 3500, 3600, et
seq.; Code Civ. Proc., § 372.) The court has reviewed the proposed
settlement and finds it to be fair and reasonable.
However, the court has considered the Declaration
of Jonathan Nielsen in support of the fee request, and the court finds
that on the current record, and in consideration of the factors set forth in
Cal Rules of Court, Rule 7.955(b), a fee of 25% of the gross settlement is
reasonable, rather than 40%.
The court approves the following distribution of the
settlement proceeds as to each Claimant: $625 for
attorney fees, leaving $1,875 for each Claimant. Counsel is ordered to file
amended orders accounting for this distribution.
Accordingly, the petitions
to approve minor’s compromise are CONTINUED.
It
is so ordered.
Dated:
_______________________
MEL RED RECANA
Judge of the
Superior Court