Judge: Mel Red Recana, Case: 23STCV02706, Date: 2024-02-22 Tentative Ruling
Case Number: 23STCV02706 Hearing Date: March 19, 2024 Dept: 45
Hearing date: March 19, 2024
Moving Party: Plaintiff Imani Asiyah Fattah
Responding Party: None.
Petition to Approve Minor Compromise of Disputed Claim (Kaden Zion Rivers, Age: 7)
The Court considered the petition papers.
The petition is GRANTED in the amount of $3,000.00.
Background
On February 6, 2023, Plaintiff Althea Richardson, for herself and as guardian ad litem of minors: Jordyn Richardson, Jyair Thomas, Jeremiah Walker, and Jayden Jones; Guadalupe Herrera; Glennzale Hunter Ervin; Antonio Jose Gilberto Chavez; Deborah Erwin, for herself and as guardian ad litem of minor: Faith Ervin; Glen Erwin, for himself and as guardian ad litem of minors: Inspiration Ervin, Elijah Ervin, Trinity Ervin and Cherish Ervin; Anthony Cooper; Amia Little, for herself and as guardian ad litem of minor: Treasure Anderson; Andre Cooper, for himself and as guardian ad litem of minor: Benjamin Cooper; Nazjah Burt; Dejoun Stuart; Angelo Little; Anthonette Crosby, for herself and as guardian ad litem of minors: Pocahuntes Riley, Timothy Riley, Sincere Riley and Janelle Age; Britney Rouse, for herself and as guardian ad litem of minor: Sarai Crenshaw; Imani Asiyah Fattaah, for herself and as guardian ad litem of minors: Kaden Zion Rivers, DeAnder LeAnthony Brown Jr. (collectively, “Plaintiffs”) commenced this action.
Plaintiffs filed a Complaint for damages against Defendant Desert View Apartments, LP, alleging causes of action for (1) Breach of the Warranty of Habitability; (2) Breach of the warranty of Quiet Enjoyment; (3) Nuisance; (4) Violation of Civil Code S. 1941.1, et seq; (5) Negligence; and (6) Intentional Infliction of Emotional Distress.
On November 15, 2023, Plaintiff Imani Asiyah Fattah (“Petitioner”) filed this instant Petition to Approve Compromise of Disputed Claim (Kaden Zion Rivers, Age: 7). The Petition is unopposed.
Legal Standard
“A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered as provided in subdivision (c). If the court orders that all or any part of the money to be paid under the compromise or covenant be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, the release and satisfaction or covenant is not effective for any purpose until the money has been deposited as directed in the order of the court.” (Prob. Code, § 3500(d).)
“The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If the petition is unopposed, the court shall issue a decision on the petition at the conclusion of the hearing.” (Prob. Code, § 3505.)
“The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or person with a disability.” (Prob. Code, § 3601(a).)
Discussion
Claimant Kaden Zion Rivers (“Claimant”), a minor, by and through their Guardian Ad Litem, Imani Asiyah Fattah (“Petitioner”), has agreed to settle their claims against Defendant Desert View Apartments, LP in exchange for $4,000.00. If approved, $1,000.00 will be used for attorney’s fees, leaving a balance of $3,000.00 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.
The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.
Therefore, the Petition to Approve Compromise of Disputed Claim (Kaden Zion Rivers, Age: 7) is GRANTED.
The Court sets an OSC for ________________ ____, 2024 for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.
It is so ordered.
Dated: March 19, 2024
_______________________
ROLF M. TREU
Judge of the Superior Court
Hearing date: March 19, 2024
Moving Party: Plaintiff Imani Asiyah Fattah
Responding Party: None.
Petition to Approve Minor Compromise of Disputed Claim (DeAnder LeAnthony Brown Jr., Age: 2)
The Court considered the petition papers.
The petition is GRANTED in the amount of $3,000.00.
Background
On February 6, 2023, Plaintiff Althea Richardson, for herself and as guardian ad litem of minors: Jordyn Richardson, Jyair Thomas, Jeremiah Walker, and Jayden Jones; Guadalupe Herrera; Glennzale Hunter Ervin; Antonio Jose Gilberto Chavez; Deborah Erwin, for herself and as guardian ad litem of minor: Faith Ervin; Glen Erwin, for himself and as guardian ad litem of minors: Inspiration Ervin, Elijah Ervin, Trinity Ervin and Cherish Ervin; Anthony Cooper; Amia Little, for herself and as guardian ad litem of minor: Treasure Anderson; Andre Cooper, for himself and as guardian ad litem of minor: Benjamin Cooper; Nazjah Burt; Dejoun Stuart; Angelo Little; Anthonette Crosby, for herself and as guardian ad litem of minors: Pocahuntes Riley, Timothy Riley, Sincere Riley and Janelle Age; Britney Rouse, for herself and as guardian ad litem of minor: Sarai Crenshaw; Imani Asiyah Fattaah, for herself and as guardian ad litem of minors: Kaden Zion Rivers, DeAnder LeAnthony Brown Jr. (collectively, “Plaintiffs”) commenced this action.
Plaintiffs filed a Complaint for damages against Defendant Desert View Apartments, LP, alleging causes of action for (1) Breach of the Warranty of Habitability; (2) Breach of the warranty of Quiet Enjoyment; (3) Nuisance; (4) Violation of Civil Code S. 1941.1, et seq; (5) Negligence; and (6) Intentional Infliction of Emotional Distress.
On November 15, 2023, Plaintiff Imani Asiyah Fattah (“Petitioner”) filed this instant Petition to Approve Compromise of Disputed Claim (DeAnder LeAnthony Brown Jr., Age: 2). The Petition is unopposed.
Legal Standard
“A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered as provided in subdivision (c). If the court orders that all or any part of the money to be paid under the compromise or covenant be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, the release and satisfaction or covenant is not effective for any purpose until the money has been deposited as directed in the order of the court.” (Prob. Code, § 3500(d).)
“The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If the petition is unopposed, the court shall issue a decision on the petition at the conclusion of the hearing.” (Prob. Code, § 3505.)
“The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or person with a disability.” (Prob. Code, § 3601(a).)
Discussion
Claimant DeAnder LeAnthony Brown Jr. (“Claimant”), a minor, by and through their Guardian Ad Litem, Imani Asiyah Fattah (“Petitioner”), has agreed to settle their claims against Defendant Desert View Apartments, LP in exchange for $4,000.00. If approved, $1,000.00 will be used for attorney’s fees, leaving a balance of $3,000.00 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.
The Court has reviewed the proposed settlement and finds that it is fair and reasonable. Further, the requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.
Therefore, the Petition to Approve Compromise of Disputed Claim (DeAnder LeAnthony Brown Jr., Age: 2) is GRANTED.
The Court sets an OSC for ________________ ____, 2024 for proof of deposit. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.
It is so ordered.
Dated: March 19, 2024
_______________________
ROLF M. TREU
Judge of the Superior Court
Hearing
date: March 19, 2024
Moving
Party: Plaintiff Britney Rouse
Responding
Party: None.
Petition
to Approve Minor Compromise of Disputed Claim (Sarai Crenshaw, Age: 12)
The Court
considered the petition papers.
The
petition is GRANTED in the amount of $3,000.00.
Background
On February 6,
2023, Plaintiff Althea Richardson, for herself and as guardian ad litem of
minors: Jordyn Richardson, Jyair Thomas, Jeremiah Walker, and Jayden Jones;
Guadalupe Herrera; Glennzale Hunter Ervin; Antonio Jose Gilberto Chavez;
Deborah Erwin, for herself and as guardian ad litem of minor: Faith Ervin; Glen
Erwin, for himself and as guardian ad litem of minors: Inspiration Ervin,
Elijah Ervin, Trinity Ervin and Cherish Ervin; Anthony Cooper; Amia Little, for
herself and as guardian ad litem of minor: Treasure Anderson; Andre Cooper, for
himself and as guardian ad litem of minor: Benjamin Cooper; Nazjah Burt; Dejoun
Stuart; Angelo Little; Anthonette Crosby, for herself and as guardian ad litem
of minors: Pocahuntes Riley, Timothy Riley, Sincere Riley and Janelle Age;
Britney Rouse, for herself and as guardian ad litem of minor: Sarai Crenshaw;
Imani Asiyah Fattaah, for herself and as guardian ad litem of minors: Kaden
Zion Rivers, DeAnder LeAnthony Brown Jr. (collectively, “Plaintiffs”) commenced
this action.
Plaintiffs filed
a Complaint for damages against Defendant Desert View Apartments, LP, alleging
causes of action for (1) Breach of the Warranty of Habitability; (2) Breach of
the warranty of Quiet Enjoyment; (3) Nuisance; (4) Violation of Civil Code S. 1941.1,
et seq; (5) Negligence; and (6) Intentional Infliction of Emotional Distress.
On
November 15, 2023, Plaintiff Britney Rouse (“Petitioner”) filed this instant
Petition to Approve Compromise of Disputed Claim (Sarai Crenshaw, Age: 12). The
Petition is unopposed.
Legal
Standard
“A parent having
the right to compromise the disputed claim of the minor under this section may
execute a full release and satisfaction, or execute a covenant not to sue on or
a covenant not to enforce judgment on the disputed claim, after the money or other
property to be paid or delivered has been paid or delivered as provided in
subdivision (c). If the court orders that all or any part of the money to be
paid under the compromise or covenant be deposited in an insured account in a
financial institution in this state, or in a single-premium deferred annuity,
the release and satisfaction or covenant is not effective for any purpose until
the money has been deposited as directed in the order of the court.” (Prob.
Code, § 3500(d).)
“The
court shall schedule a hearing on a petition for compromise of a minor’s disputed
claim pursuant to Section 3500 within 30 days from the date of filing. If the
petition is unopposed, the court shall issue a decision on the petition at the
conclusion of the hearing.” (Prob. Code, § 3505.)
“The
court making the order or giving the judgment referred to in Section 3600, as a
part thereof, shall make a further order authorizing and directing that
reasonable expenses, medical or otherwise and including reimbursement to a
parent, guardian, or conservator, costs, and attorney’s fees, as the court
shall approve and allow therein, shall be paid from the money or other property
to be paid or delivered for the benefit of the minor or person with a
disability.” (Prob. Code, § 3601(a).)
Discussion
Claimant Sarai Crenshaw (“Claimant”), a minor, by and through their Guardian Ad Litem, Britney
Rouse (“Petitioner”), has agreed to
settle their claims against Defendant Desert View Apartments, LP in exchange
for $4,000.00. If approved, $1,000.00
will be used for attorney’s fees, leaving a balance of $3,000.00 for Claimant
to be deposited into a blocked account, subject to withdrawal only upon
authorization of the court.
The Court has reviewed the proposed settlement and finds that it is fair
and reasonable. Further, the requested
attorney’s fees, which amounts to approximately 25% of the total settlement, is
fair and reasonable.
Therefore, the Petition to Approve
Compromise of Disputed Claim (Sarai Crenshaw, Age: 12) is GRANTED.
The Court sets an OSC for ________________ ____, 2024 for proof of deposit.
(Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by
the financial institution is filed before that date, no appearance will be
required.
It
is so ordered.
Dated: March 19, 2024
_______________________
ROLF M. TREU
Judge of the
Superior Court