Judge: Melvin D. Sandvig, Case: 19CHCV00489, Date: 2023-05-23 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 19CHCV00489    Hearing Date: May 23, 2023    Dept: F47

Dept. F47

Date: 5/23/23

Case #19CHCV00489

MINOR’S COMPROMISE

Petition filed on 5/2/23.

MINOR: Christopher Gutierrez

GAL: Luz Gutierrez (parent)

DEFENDANTS: Parkville LLC and Chatsworth Garden Apartments LLC

SUMMARY OF ACTION: This action arises out minor’s exposure to mold and vermin infestation in the property occupied by minor and his family.  As a result of the exposure, minor allegedly suffered health problems and allergic reactions.  Minor received treatment for bug bites and allergies. 

AMOUNT OF SETTLEMENT: $10,000.00 with $5,000.00 to be paid by Parkville LLC and $5,000 to be paid by Chatsworth Garden Apartments LLC

ATTORNEY FEES: $0

MEDICAL EXPENSES: $0

COSTS: $0

AMOUNT TO BE PAID TO MINOR: $10,000.00

RULING:   

This is the sixth time Plaintiffs’ counsel has submitted a petition for approval of the minor’s claim.  The prior petitions were rejected, continued and/or denied without prejudice for various reasons.  (See 3/14/22 (3/8/22) Notice of Rejection of Electronic Filing; 5/19/22 Minute Order; 7/21/22 Minute Order; 9/15/22 Minute Order; 10/18/22 Minute Order; 1/26/23 Minute Order; 2/28/23 Minute Order; 4/6/23 Minute Order). 

On 5/2/23, a new Petition was filed.  This recently filed Petition and proposed Order still suffer from defects:

(1) Numbers 7 and 8 in the Petition are not completed as such it is not clear whether the minor received any treatment for the bug bites, allergic reaction and constant skin rashes described in number 6 and/or whether the minor still suffers from such injuries/conditions. 

(2) Number 9 in the proposed Order is not completed.

(3) A proposed Order to Deposit Funds Into Blocked Account (MC-355) has not been submitted.