Judge: Melvin D. Sandvig, Case: 21CHCV00379, Date: 2023-02-09 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: 21CHCV00379    Hearing Date: February 9, 2023    Dept: F47

Dept. F47

Date: 2/9/23

Case #21CHCV00379

MINOR’S COMPROMISE OF CLAIM

Petition filed on 1/19/23.

MINOR: Kyng Jones

GAL: Valerie Montes (parent)

DEFENDANT: Invitation Homes Realty California, Inc.

RULING:

This action arises out of the alleged uninhabitable conditions of a rental property and claims of slum housing conditions including, but not limited to: plumbing issues, leaks, and mold within the subject premises and in the subject unit in violation of Civil Code 1941 and 1942, Health and Safety Code 17920, and related subsections.  Damages suffered allegedly include emotional distress, loss of value of leasehold and personal injury such as a cough or runny nose.  The minor received no treatment for any alleged injuries and has completely recovered from any claimed injuries. 

The instant petition seeks approval of the settlement of Defendant Invitation Homes Realty California, Inc. (Defendant) for minor (3 years old) Plaintiff Kyng Jones’ claims in the amount of $5,000.00.  Attorney’s fees in the amount of $1,250.00 will be paid from the settlement leaving a total of $3,750.00 to be delivered to the parent of the minor without bond on terms and under conditions specified in Probate Code 3401-3402.  

The proposed Order submitted with the petition indicates that “[n]otice has been given as required by law.”  (See proposed Order, No.5).  However, no proof of service for the petition has been filed.  If Plaintiff presents evidence at or before the hearing that the petition was timely and properly served on Defendant or if Defendant (the only defendant in this action) appears at the hearing and has no objection, the petition will be granted/approved.  If not, the hearing will be continued so that evidence of service can be filed or the petition can be served before the continued hearing date.