Judge: Mel Red Recana, Case: 22STCV38634, Date: 2024-05-09 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: 22STCV38634 Hearing Date: May 9, 2024 Dept: 45
|
NANCY
BUSTILLOS, etc., et al., Plaintiffs, vs. WILLIAM
STEVEN OSWALD, etc., et al., Defendants. |
Case No.: 22STCV38634
DEPARTMENT
45 [TENTATIVE] RULING Complaint
Filed: 12/12/22 Trial
Date: 10/21/24 |
Hearing date: May 9, 2024
Moving Party: Petitioner Nancy Bustillos
Responding Party:
Unopposed
Petition to Confirm Minor’s Compromise
The Court has
considered the moving papers. No opposition papers were filed.
The Petition to
Confirm Minor’s Compromise as to Royce Newman is CONTINUED to Tuesday, June 4,
2024 at 8:30 AM in this department so that the petition can be served on all
interested parties.
Background
This
is an action arising from alleged habitability issues at a multi-unit
residential building commonly described as 2444 Pacific Avenue, Long Beach,
California 90806 (the “Premises”). On December 12, 2022, Plaintiffs Nancy
Bustillos, Ryan Newman, Felicita Zuniga, Jose Zuniga, Ryan Newman, Jr., a minor
by and through guardian ad litem Nancy Bustillos, Royce Newman, a minor
by and through guardian ad litem Nancy Bustillos, and Rhys Newman, a
minor by and through guardian ad litem Nancy Bustillos (collectively,
the “Plaintiffs”) filed a Complaint against Defendants William Steven Oswald,
William Steven Oswald as Successor Trustee of The William Oswald Living Trust
Dated April 9, 2003, William Steven Oswald as Trustee of The William Steven
Oswald Trust Dated January 30, 2021, Kathleen Oswald, Michael Oswald, and
Steven Oswald (collectively, the “Defendants”), as well as DOES 1 to 50,
inclusive, alleging causes of action for: (1) tortious breach of warranty of
habitability; (2) breach of warranty of habitability (contract); (3) tortious
breach of covenant of quiet enjoyment; (4) private nuisance; (5) negligence;
(6) tenant anti-harassment ordinance violations; and (7) unfair competition law
violations.
On
December 12, 2022, the Court entered an order granting Nancy Bustillos’s
application for appointment of guardian ad litem for minor plaintiff Royce
Newman.
On
April 8, 2024, Parent and Guardian Ad Litem Nany Bustillos
(“Petitioner”) filed the instant Petition to Approve Compromise of Pending
Action (the “Petition”) on behalf of Claimant Royce Newman (Claimant”).[1]
Initially,
the Court notes that there is no proof of service attached to the Petition. Due
to the lack of a filed proof of service as to the Petition, the Court cannot
ascertain whether all interested parties in this action were served with the
Petition.
Legal
Standard
“When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a 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).)
Discussion
Defendants have offered to settle this matter
in the amount of $300,000.00; however, the gross sum of the settlement is
$300,000.00 and, after approval of all the minor’s compromises, each minor will
receive $5,025.00 to be deposited in a court blocked account. (Petition, ¶¶
10(b)-(c).) The gross amount of settlement pertaining to Claimant is $6,700.00
and attorney’s fees in the sum of $1,675.00 are requested to be paid from the
gross amount of the settlement to Claimant. (Petition, ¶¶ 13, 16(a), and 16(e).)
Thus, Claimant will receive the net balance of proceeds in the amount of
$5,025.00. (Petition, ¶ 15.)
Of
the total settlement payment of $300,000.00, such payment is proposed to be
apportioned as follows: Plaintiffs Felicita Zuniga and Jose Zuniga will each
receive $37,216.25; Plaintiffs Nancy Bustillos and Ryan Newman will each
receive $37,216.25; and Minor Plaintiffs Ryan Newman, Jr., Royce Newman
(Claimant), and Rhys Newman will each receive $5,025.00. (Petition, ¶ 11(b)5;
Petition at Attachment 11(b)(5).)
The Court finds
that the requested attorney’s fees, which amount to 25% of the total settlement
offered to Claimant, are fair and reasonable.
The funds are
proposed to be deposited at Wells Fargo Bank (the Wilshire and Lucas Bank)
located at 1200 Wilshire Blvd., Los Angeles, CA 90017. (Petition, ¶ 18(b)(2);
Petition at Attachment 18(b)(2).)
The
Court, however, cannot grant the Petition as there is no indication that the
Petition was served on all interested parties.
The
hearing on the Petition is therefore CONTINUED to Tuesday, June 4, 2024 at 8:30
AM in this department so that all interested parties can be served with the
Petition.
It is so
ordered.
Dated:
May 9, 2024
_______________________
MEL RED RECANA
|
NANCY
BUSTILLOS, etc., et al., Plaintiffs, vs. WILLIAM
STEVEN OSWALD, etc., et al., Defendants. |
Case No.: 22STCV38634
DEPARTMENT
45 [TENTATIVE] RULING Complaint
Filed: 12/12/22 Trial
Date: 10/21/24 |
Hearing date: May 9, 2024
Moving Party: Petitioner Nancy Bustillos
Responding Party:
Unopposed
Petition to Confirm Minor’s Compromise
The Court has
considered the moving papers. No opposition papers were filed.
The Petition to
Confirm Minor’s Compromise as to Rhys Newman is CONTINUED to Tuesday, June 4,
2024 at 8:30 AM in this department so that the petition can be served on all
interested parties.
Background
This
is an action arising from alleged habitability issues at a multi-unit
residential building commonly described as 2444 Pacific Avenue, Long Beach,
California 90806 (the “Premises”). On December 12, 2022, Plaintiffs Nancy
Bustillos, Ryan Newman, Felicita Zuniga, Jose Zuniga, Ryan Newman, Jr., a minor
by and through guardian ad litem Nancy Bustillos, Royce Newman, a minor
by and through guardian ad litem Nancy Bustillos, and Rhys Newman, a
minor by and through guardian ad litem Nancy Bustillos (collectively,
the “Plaintiffs”) filed a Complaint against Defendants William Steven Oswald,
William Steven Oswald as Successor Trustee of The William Oswald Living Trust
Dated April 9, 2003, William Steven Oswald as Trustee of The William Steven
Oswald Trust Dated January 30, 2021, Kathleen Oswald, Michael Oswald, and
Steven Oswald (collectively, the “Defendants”), as well as DOES 1 to 50,
inclusive, alleging causes of action for: (1) tortious breach of warranty of
habitability; (2) breach of warranty of habitability (contract); (3) tortious
breach of covenant of quiet enjoyment; (4) private nuisance; (5) negligence;
(6) tenant anti-harassment ordinance violations; and (7) unfair competition law
violations.
On
December 12, 2022, the Court entered an order granting Nancy Bustillos’s
application for appointment of guardian ad litem for minor plaintiff Rhys
Newman.
On
April 8, 2024, Parent and Guardian Ad Litem Nany Bustillos
(“Petitioner”) filed the instant Petition to Approve Compromise of Pending
Action (the “Petition”) on behalf of Claimant Rhys Newman (Claimant”).[1]
Initially,
the Court notes that there is no proof of service attached to the Petition. Due
to the lack of a filed proof of service as to the Petition, the Court cannot
ascertain whether all interested parties in this action were served with the
Petition.
Legal
Standard
“When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a 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).)
Discussion
Defendants have offered to settle this matter
in the amount of $300,000.00; however, the gross sum of the settlement is
$300,000.00 and, after approval of all the minor’s compromises, each minor will
receive $5,025.00 to be deposited in a court blocked account. (Petition, ¶¶
10(b)-(c).) The gross amount of settlement pertaining to Claimant is $6,700.00
and attorney’s fees in the sum of $1,675.00 are requested to be paid from the
gross amount of the settlement to Claimant. (Petition, ¶¶ 13, 16(a), and 16(e).)
Thus, Claimant will receive the net balance of proceeds in the amount of
$5,025.00. (Petition, ¶ 15.)
Of
the total settlement payment of $300,000.00, such payment is proposed to be
apportioned as follows: Plaintiffs Felicita Zuniga and Jose Zuniga will each
receive $37,216.25; Plaintiffs Nancy Bustillos and Ryan Newman will each
receive $37,216.25; and Minor Plaintiffs Ryan Newman, Jr., Royce Newman, and
Rhys Newman (Claimant) will each receive $5,025.00. (Petition, ¶ 11(b)5;
Petition at Attachment 11(b)(5).)
The Court finds
that the requested attorney’s fees, which amount to 25% of the total settlement
offered to Claimant, are fair and reasonable.
The funds are
proposed to be deposited at Wells Fargo Bank (the Wilshire and Lucas Bank)
located at 1200 Wilshire Blvd., Los Angeles, CA 90017. (Petition, ¶ 18(b)(2);
Petition at Attachment 18(b)(2).)
The
Court, however, cannot grant the Petition as there is no indication that the
Petition was served on all interested parties.
The
hearing on the Petition is therefore CONTINUED to Tuesday, June 4, 2024 at 8:30
AM in this department so that all interested parties can be served with the
Petition.
It is so
ordered.
Dated:
May 9, 2024
_______________________
MEL RED RECANA
Judge of the
Superior Court
|
NANCY
BUSTILLOS, etc., et al., Plaintiffs, vs. WILLIAM
STEVEN OSWALD, etc., et al., Defendants. |
Case No.: 22STCV38634
DEPARTMENT
45 [TENTATIVE] RULING Complaint
Filed: 12/12/22 Trial
Date: 10/21/24 |
Hearing date: May 9, 2024
Moving Party: Petitioner Nancy Bustillos
Responding Party:
Unopposed
Petition to Confirm Minor’s Compromise
The Court has
considered the moving papers. No opposition papers were filed.
The Petition to
Confirm Minor’s Compromise as to Ryan Newman, Jr. is CONTINUED to Tuesday, June
4, 2024 at 8:30 AM in this department so that the petition can be served on all
interested parties.
Background
This
is an action arising from alleged habitability issues at a multi-unit
residential building commonly described as 2444 Pacific Avenue, Long Beach,
California 90806 (the “Premises”). On December 12, 2022, Plaintiffs Nancy
Bustillos, Ryan Newman, Felicita Zuniga, Jose Zuniga, Ryan Newman, Jr., a minor
by and through guardian ad litem Nancy Bustillos, Royce Newman, a minor
by and through guardian ad litem Nancy Bustillos, and Rhys Newman, a
minor by and through guardian ad litem Nancy Bustillos (collectively,
the “Plaintiffs”) filed a Complaint against Defendants William Steven Oswald,
William Steven Oswald as Successor Trustee of The William Oswald Living Trust
Dated April 9, 2003, William Steven Oswald as Trustee of The William Steven
Oswald Trust Dated January 30, 2021, Kathleen Oswald, Michael Oswald, and
Steven Oswald (collectively, the “Defendants”), as well as DOES 1 to 50,
inclusive, alleging causes of action for: (1) tortious breach of warranty of
habitability; (2) breach of warranty of habitability (contract); (3) tortious
breach of covenant of quiet enjoyment; (4) private nuisance; (5) negligence;
(6) tenant anti-harassment ordinance violations; and (7) unfair competition law
violations.
On
December 12, 2022, the Court entered an order granting Nancy Bustillos’s
application for appointment of guardian ad litem for minor plaintiff
Ryan Newman, Jr.
On
April 8, 2024, Parent and Guardian Ad Litem Nany Bustillos
(“Petitioner”) filed the instant Petition to Approve Compromise of Pending
Action (the “Petition”) on behalf of Claimant Ryan Newman, Jr. (Claimant”).[1]
Initially,
the Court notes that there is no proof of service attached to the Petition. Due
to the lack of a filed proof of service as to the Petition, the Court cannot
ascertain whether all interested parties in this action were served with the
Petition.
Legal
Standard
“When a minor, a person who lacks legal capacity to make decisions, or a person for whom a conservator has been appointed is a party, that person shall appear either by a guardian or conservator of the estate or by a 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).)
Discussion
Defendants have offered to settle this matter
in the amount of $300,000.00; however, the gross sum of the settlement is
$300,000.00 and, after approval of all the minor’s compromises, each minor will
receive $5,025.00 to be deposited in a court blocked account. (Petition, ¶¶
10(b)-(c).) The gross amount of settlement pertaining to Claimant is $6,700.00
and attorney’s fees in the sum of $1,675.00 are requested to be paid from the
gross amount of the settlement to Claimant. (Petition, ¶¶ 13, 16(a), and 16(e).)
Thus, Claimant will receive the net balance of proceeds in the amount of
$5,025.00. (Petition, ¶ 15.)
Of
the total settlement payment of $300,000.00, such payment is proposed to be
apportioned as follows: Plaintiffs Felicita Zuniga and Jose Zuniga will each
receive $37,216.25; Plaintiffs Nancy Bustillos and Ryan Newman will each
receive $37,216.25; and Minor Plaintiffs Ryan Newman, Jr. (Claimant), Royce
Newman, and Rhys Newman will each receive $5,025.00. (Petition, ¶ 11(b)5;
Petition at Attachment 11(b)(5).)
The Court finds
that the requested attorney’s fees, which amount to 25% of the total settlement
offered to Claimant, are fair and reasonable.
The funds are
proposed to be deposited at Wells Fargo Bank (the Wilshire and Lucas Bank)
located at 1200 Wilshire Blvd., Los Angeles, CA 90017. (Petition, ¶ 18(b)(2);
Petition at Attachment 18(b)(2).)
The
Court, however, cannot grant the Petition as there is no indication that the
Petition was served on all interested parties.
The
hearing on the Petition is therefore CONTINUED to Tuesday, June 4, 2024 at 8:30
AM in this department so that all interested parties can be served with the
Petition.
It is so
ordered
Dated:
May 9, 2024
MEL RED RECANA
Judge of the
Superior Court