Judge: Mel Red Recana, Case: 22STCV36237, Date: 2024-04-26 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: 22STCV36237    Hearing Date: April 26, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing date:              April 26, 2024

Moving Party:             (1) Plaintiff Walter Giron for Claimant Emilson Giron

                                    (2) Plaintiff Walter Giron for Claimant Abigail Giron

                                    (3) Plaintiff Walter Giron for Claimant Mayrin Giron

Responding Party:      None as of April 24, 2024

(1) Petition for Approval of Minor’s Compromise (Emilson Giron)

(2) Petition for Approval of Minor’s Compromise (Abigail Giron)

(3) Petition for Approval of Minor’s Compromise (Mayrin Giron)      

The Court considered the Petitions.  No oppositions or replies were filed.

            The Petitions for Approval of Minor’s Compromise filed on behalf of Emilson, Abigail and Mayrin Giron are GRANTED.

Background

            Plaintiffs leased residential premises owned and or managed by Defendants Alina Sanchez, individually and as Trustee of the Dominguez Family Trust, and EAJS, LLC.  Plaintiffs allege the premises suffered from multiple conditions that rendered the property uninhabitable, including a cockaroach and bedbug infestation. 

Legal Standard

Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. Nor is the settlement binding [on the minor] until it is endorsed by the trial court.” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.) A minor, “shall appear either by a guardian or conservator of the estate or by guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372, subd. (a)(1).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code Section 3500.

            Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256); (CRC 7.950.)

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court, rules 7.950, 7.951 and 7.952. The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise, covenant, settlement, or disposition.  (Cal. Rules of Court, rule 7.950.)  The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance. (Cal. Rules of Court, rule 7.952.)  An order for deposit of funds of a minor or person lacking decision making capacity and a petition for the withdrawal of such funds must comply with California Rules of Court, rules 7.953 and 7.954. (Cal. Rules of Court 3.1384; see also Super. Ct. L.A. County, Local Rules, rules 4.115-4.118.)

Discussion

            Petitioner Walter Giron submits the required Mandatory Judicial Counsel Forms MC-350 (Petition), MC-251 (Order Approving Minor’s Compromise) and MC-355 (Order to Deposit Funds into Blocked Account) on behalf of Claimants Emilson Giron, Abigail Giron and Mayrin Giron, Walter’s minor children.  Each of set of forms is fully and correctly completed on behalf of each Claimant.  Each Claimant received the same settlement with Defendant Alina Sanchez, individually and as Trustee of the Dominguez Family Trust. 

            Defendant Alina Sanchez, individually and as Trustee of the Dominguez Family Trust, will pay $5000 in settlement of each of Emilson Giron’s, Abigail Giron’s and Mayrin Giron’s claims.  (Petition, Item 10b.)  None of the claimants have received any medical treatment or paid medical expenses.  (Petition, Item 12a.)

The total amount of attorney’s fees to be deducted from each Claimant’s settlement fund is $1,250, 25% of the settlement funds.  (Petition, Item 13a.)  Counsel provides a declaration in support of the fees to be deducted and a copy of the retainer agreement.  (Petition, Attachments 13a, 17a.) 

            The net balance of the settlement proceeds going to each Claimant is $3,750.  (Petition, Item 15.)  The proceeds will be deposited in an insured account subject to withdrawal only on authorization of the court.  (Petition, Item 18b.)  The name, branch and address of the depository for the funds is identified as Chase Bank, Larchmont Village Branch.  (Petition, Attachment 18b(2).) 

Petitioner’s Petitions to Approve Minor’s Compromise on behalf of Claimants Emilson Giron, Abigail Giron and Mayrin Giron are GRANTED.

            It is so ordered.

Dated:  April 26, 2024

_______________________

Rolf M. Treu

Judge of the Superior Court