Judge: Mel Red Recana, Case: 23STCV15693, Date: 2024-06-05 Tentative Ruling

Case Number: 23STCV15693    Hearing Date: June 5, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing date:              June 5, 2024

Moving Parties:           (1) Claimant Emili Gabriela Chavez Laynez, a minor by and through their guardian ad litem Beatriz Laynez

(2) Claimant Jayleen Arlette Chavez Laynez, a minor by and through their guardian ad litem Beatriz Laynez

Responding Party:      None

Petitions to Confirm Minor’s Compromise

The court considered the petitions. No oppositions were received.

The court CONTINUES the petitions to confirm minor’s compromise of claimants Emili Gabriela Chavez Laynez and Jayleen Arlette Chavez Laynez, minors by and through their guardian ad litem Beatriz Laynez.

Background

This is a habitability case. Plaintiffs Beatriz Laynez, an individual; Emili Gabriela Chavez Laynez, a minor by and through her guardian ad litem; Beatriz Laynez; Jayleen Arlette Chavez Laynez, a minor by and through her guardian ad litem, Beatriz Laynez; and Jeremy Elijah Chavez-Laynez, a minor by and through her guardian ad litem, Beatriz Laynez filed this action against Defendants Alvarado Equities LLC, Robert Staback, as Trustee of The Rudolph and Grace Staback Revocable Inter Vivos Trust, and JNM Realty Inc. alleging causes of action for (1) Breach of Warranty of Habitability; (2) Breach of the Covenant of Quiet Enjoyment; (3) Negligence; and (5) Breach of Contract.

Claimants Emili Gabriela Chavez Laynez and Jayleen Arlette Chavez Laynez, minors by and through their guardian ad litem Beatriz Laynez filed their petitions on May 6, 2024.

Discussion

            Claimants Emili Gabriela Chavez Laynez and Jayleen Arlette Chavez Laynez, minors by and through their guardian ad litem Beatriz Laynez, each petition for approval of compromise of pending action.

Court approval is required to establish an enforceable settlement of a minor’s claim. (Prob. Code, §§ 2504, 3500, 3600, et seq.; CCP, § 372.) Indeed, until a petition for such approval is granted by the court, there is no final settlement, and any settlement agreement therefore is voidable. (Scruton v. Korean Air Lines Co. (1995) 39 Cal.App.4th 1596, 1603-05.) Petitions for approval of the compromise of a pending action are governed by Cal. Rules of Court, Rules 7.950–7.955 and Probate Code §§ 2504, et seq. Cal. Rules of Court, Rule 7.950 provides that a petition “must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise.” Rule 7.950 states that the Petition must be filed on Judicial Council Form MC-350.

In addition to approval of the settlement, attorney fees to be paid for representing the minor or incompetent must be approved by the court. (Fam. Code, § 6602; Prob. Code, § 3601.)  The court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability. (Cal. Rules of Court, Rule 7.955(a)-(b).)

The court reviewed the petitions and settlements and finds that they are fair and reasonable. The petitions herein were properly filed on the Judicial Council Forms and are verified. (Petitions, p. 10.) Petitioners properly include in sections 10 and 11 of the MC-350 form the total amount settled for all Plaintiffs, $50,000, and the amount paid to each claimant, $2,500, by Defendants Alvarado Equities LLC and JNM Realty Inc. Sections 14-17 show that the claimants would each receive a net payment of $1,613.82, after total attorney’s fees and expenses (other than medical). The petitions indicate no medical expenses. (Id., § 12.)

The petitions show that Claimants agreed to settle their claims arising out of Defendant’s alleged improper maintenance of the subject property, resulting in insect infestations, unsanitary conditions, damaged, and general dilapidation/improper maintenance. (Petitions, § 5.) The Claimants’ injuries include damages to personal property, personal injury, emotional distress, pain, anxiety, discomfort, annoyance, inconvenience, diminishment in the value of their leasehold, rent abatement, restitution of all rents paid.. (Id., § 6.) The Claimants did not receive any care and treatment for the injuries. (Id., § 7.) Claimants have recovered completely from the effects of the injuries, with no permanent injuries. (Id., § 8(a).)

The amount of attorney’s fees requested for each claimant is $625 for each claimant. (Petitions, § 13(a).) Hence, the amount of attorney’s fees is approximately 25 percent of the recovery for each claimant. Petitioners are requesting for costs of $261.18 for each claimant. (Id., § 13(b).) Counsel has provided a declaration and the retainer fee agreement. The Court finds the attorney’s fees and costs reasonable.

However, it is unclear why Defendants Alvarado Equities LLC and JNM Realty Inc. are paying $18,250 in attorney fees to Plaintiffs’ counsel and how that is appropriate. (Petitions, § 17(f).)

Based on the foregoing, the court CONTINUES the petitions for counsel to explain the $18,250 in anticipated fees.

It is so ordered.

Dated: June 5, 2024

_______________________

MEL RED RECANA