Judge: Mel Red Recana, Case: 23STCV17315, Date: 2024-11-20 Tentative Ruling

Case Number: 23STCV17315    Hearing Date: November 20, 2024    Dept: 45

Superior Court of California

County of Los Angeles

Hearing date:              November 20, 2024

Moving Party:             Petitioner Elida Gonzalez

Responding Party:       None

Petition for Approval of Minor’s Compromise

The Court considered the Petition.

            The Court GRANTS the Petition for Approval of Minor’s Compromise filed by Petitioner Elida Gonzalez on behalf of minor Claimant Eliseo Romero-Gonzalez.

Background

            On July 24, 2023, Plaintiffs Elida Gonzalez, John Ever Gonzalez, Marco Antonio Gonzalez Gomez, Kimberly Yanira Romero Gonzalez, Luz Esmeralda Romero, a minor, and Eliseo Romero-Gonzalez, a minor, filed the instant action against Bronson Management LLC and Does 1 through 50 for (1) breach of warranty of habitability, (2) breach of covenant of quiet enjoyment, (3) negligence, and (4) breach of contract.  The Complaint alleges that Plaintiffs have been tenants of the residential property located at 212 South Union Ave, Unit 303, Los Angeles, CA 90026 (“Property”) from July 2020 to the present.  During the relevant times, Defendants were responsible for management and maintenance of the Property.  According to Plaintiffs, Defendants failed to provide habitable conditions due to their failure to repair conditions on the Property and comply with numerous state and local law provisions.

            On August 4, 2023, Plaintiff Elida Gonzalez was appointed as guardian ad litem of minors Luz Esmeralda Romero and Eliseo Romero-Gonzalez.

            On October 6, 2023, Defendant Bronson Management LLC filed an Answer to the Complaint.

            On October 22, 2024, Petitioner Elida Gonzalez (“Petitioner”) filed a Petition to Approve Minor’s Compromise on behalf of minor Claimant Eliseo Romero-Gonzalez.  No opposition has been filed.

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.  [Citation.] [¶] 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, like Claimant, “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).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under California 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.’ [Citations.]”  (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.)  (Italics added.)

Under Probate Code § 3505, if a petition is unopposed, the Court must issue a decision on the petition at the conclusion of the hearing.

Discussion

The Petition sets forth the following:

Minor – Eliseo Romero-Gonzalez, 16 years old

Guardian ad litem – Elida Gonzalez

Defendants – Bronson Management LLC

            Settlement:                                          $5,000.00

            Attorney’s Fees:                                  $1,250.00

            Litigation Costs:                                 $512.46

            Medical Bills:                                      $0

            TOTAL TO BE PAID TO MINOR: $3,237.54

General Requirements

·         Petition on Form MC-350?                 YES

·         Proposed Order on Form MC-351?    YES

·         Proof of service on other parties?       YES

Type of injury, medical expenses

·         Injuries? “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.”  (Pet. ¶ 6.)

·         Treatment? None.  (Pet. ¶ 7.)

·         Medical records documenting injuries and treatment?  N/A.

·         Negotiated reduction in medical liens?  N/A.

·         Injuries completely healed?  Yes.  (Pet. ¶ 8.)

Handling of Funds

How are settlement funds to be disposed of?  “There is no guardianship or conservatorship of the estate of the claimant.  Petitioner requests that the court order the disposition of the balance of the proceeds of the settlement or judgment as follows $3,237.54 be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402. The name and address of the parent and the money or other property to be delivered are specified in Attachment 18b(5).”  (Pet. ¶ 18b(5), Attach. 18b(5).)

Attorneys’ Fees and Litigation Costs

·         Attorneys’ fees requested?  Yes.

·         If yes, attorney declaration including factors under CRC 7.955(b)?  Yes.  (Pet. pp. 19-22, Attach. 13a.)

·         Copy of retainer agreement? Yes.  (Pet. pp. 23-25; Attach. 17(a)(2).)

·         Litigation costs requested?  Yes.

o   Itemized?  Yes.

Having reviewed the instant Petition, the Court finds that Petitioner has complied with all of the requirements for the Petition.

For the reasons discussed herein, the Court GRANTS the Petition for Approval of Minor’s Compromise filed by Petitioner Elida Gonzalez on behalf of minor Claimant Eliseo Romero-Gonzalez.

            It is so ordered.

Dated: November 20, 2024

_______________________

MEL RED RECANA

Judge of the Superior Court