Judge: Mel Red Recana, Case: 23STCV13798, Date: 2024-05-22 Tentative Ruling

Case Number: 23STCV13798    Hearing Date: May 22, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing date:              May 22, 2024

Moving Party:             Petitioner Thalia Rodriguez

Responding Party:      Unopposed   

Petitions to Confirm Minor’s Compromise

The Court has considered the moving papers. No opposition papers were filed.  

The Petitions to Confirm Minor’s Compromise as to Joanna Charlotte Ruiz Rodriguez, John Charlie Ruiz, and Pablo Ashton-Hunter Alvizo Rodriguez are GRANTED.

Background

            This is an action arising from alleged habitability issues at a multi-unit residential building commonly described as 4515 South Hooper Avenue, Los Angeles, CA 9001 (the “Premises”). On June 16, 2023, Plaintiffs Thalia Rodriguez, an individual, John Charlie Ruiz, an individual, Jayleen Jackie Valencia, a minor by Thalia Rodriguez her guardian ad litem, Pablo Ashton-Hunter Alvizo Rodriguez a minor by Thalia Rodriguez his guardian ad litem; and Joanna Charlotte Ruiz Rodriguez, by Thalia Rodriguez her guardian ad litem (collectively, the “Plaintiffs”) filed a Complaint against Defendant MOGA 1967, LP, a California Limited Partnership (“Defendant”), as well as DOES 1 to 50, inclusive, alleging causes of action for: (1)  breach of warranty of habitability; (2) breach of covenant of quiet enjoyment; and (3) negligent maintenance of the premises.

            On July 6 and 7, 2023, the Court entered an order granting Thalia Rodriguez’s application for appointment of guardian ad litem for all three minors.

            On February 2, 2024, Plaintiffs filed a Notice of Settlement.           

            On February 2 and 5, 2024, Parent and Guardian Ad Litem Thalia Rodriguez (“Petitioner”) filed the instant Petitions to Approve Compromise of Claim (“Petitions”) on behalf of Claimants John Charlie Ruiz, Jayleen Jackie Valencia, and Pablo Ashton-Hunter Alvizo Rodriguez (“Claimants”).

            On March 1, 2024, the Court granted the stipulation and order advancing the hearings on Petitions from December 10,11 and 17, 2024 to May 22, 2024. 

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).) 

            Under CRC Rule 7.950, the petition must be verified, and must include: “(1) The name, birthdate, age, and sex of the minor or person with a disability; (2) An account of the facts or events and the circumstances out of which the claim or injury arose, including the time, the place, and the identity of the persons involved; (3) A description of the nature and extent of the injury giving rise to the claim, with sufficient particularity to inform the court whether the injury is permanent or temporary; (4) An original or a photocopy of all doctors’ reports containing a diagnosis of and prognosis for the injury, and a report of the claimant’s present condition; (5) In all cases in which payment for medical or hospital care or treatment for the claimant is sought, the names of the hospitals, doctors, and other providers furnishing the care, the amounts of the respective charges for the care (whether paid or owing), the amounts paid (whether covered by insurance or not), the amounts of any negotiated reductions of the charges, and the net amount owed to each provider; (6) The amount of attorney’s fees requested and the basis for the fees, with an itemization of the costs sought to be allowed and charged against the settlement; (7) The gross and net amounts of the settlement; (8) A description of the manner in which the settlement proceeds will be distributed; (9) A full disclosure of all amounts, if any, paid or to be paid to other claimants; (10) A statement of whether the petitioner is a plaintiff in the same action with the minor or claimant with a disability and, if so, whether the pendency or disposition of the petitioner’s claim on his or her own behalf has in any way affected the proposed compromise of the claim; (11) A statement of whether the petitioner is a claimant against the recovery of the minor or claimant with a disability and, if so, whether the pendency or disposition of petitioner’s claim on his or her own behalf has in any way affected the proposed compromise of the claim; (12) If settlement money is to be deposited in an account or accounts subject to withdrawal only upon order of the court, the name and address of the proposed depository; (13) A statement whether notice of the action or claim has been given under Welfare and Institutions Code section 14124.73; and (14) If the petition requests an order for payment of money to a special needs trust, a statement of the method by which all statutory liens will be satisfied under Probate Code Section 3604.”

Discussion

            Petitioner’s Petitions for Minor’s Compromise do not fully comply with CRC Rule 7.950. Defendants have offered to settle this matter in the amount of $45,000.00. After approval of all the minor’s compromises, each minor will receive $9,000.00 to be deposited in a court blocked account. (Petitions, ¶¶ 8(b)(1).) The gross amount of settlement pertaining to Claimants is $5,767.44 and attorney’s fees in the sum of $127.03 are requested to be paid from the gross amount of the settlement to Claimants. (Petitions, ¶¶ 14, 16(a), and 16(e).) Thus, Claimants will receive the net balance of proceeds in the amount of $5,767.44. (Petitions, ¶ 16(f).)

            Of the total settlement payment of $45,000.00, such payment is proposed to be apportioned as follows: Plaintiff Thalia Rodriguez will receive $9,000.00; and each Minor Plaintiffs John Charlie Ruiz, Jayleen Jackie Valencia, and Pablo Ashton-Hunter Alvizo Rodriguez will each receive $9,000.00. (Petitions, ¶ 11(b)(5).)

The Court finds that the requested attorney’s fees, which amount to 35% of the total settlement offered to Claimants, is fair and reasonable. (Attachment 13(a).)

It is unclear where the funds are proposed to be deposited because in Petitions, ¶ 18(b)(2), it states see “Petition at Attachment 18(b)(2)” however, there is no Attachment 18(b)(2) in the Petitions.

            The Court CONTINUES the Petitions as to John Charlie Ruiz, Jayleen Jackie Valencia, and Pablo Ashton-Hunter Alvizo Rodriguez to allow Petitioner to submit Attachment 18(b)(2) for each Claimant.

It is so ordered.

Dated: May 22, 2024

_______________________

MEL RED RECANA

Judge of the Superior Court