Judge: Michael P. Linfield, Case: 21STCV03646, Date: 2024-02-07 Tentative Ruling

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Case Number: 21STCV03646    Hearing Date: February 27, 2024    Dept: 34

SUBJECT:        Ex Parte Application for Appointment of Guardian ad Litem—Civil and Family Law

Moving Party: Alicia Murillo

Resp. Party:    None

SUBJECT:        Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability

Moving Party: Alicia Murillo

Resp. Party:    None

SUBJECT:        Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability

Moving Party: Alicia Murillo

Resp. Party:    None

        The Ex Parte Application for Appointment of Guardian ad Litem for Priscilla Gutierrez is GRANTED. Plaintiff Alicia Murillo is ORDERED APPOINTED as guardian ad litem for Plaintiff Priscilla Guiterrez.

Plaintiff/Guardian ad Litem’s Petitions are GRANTED.

The funds are PERMITTED to be placed in blocked accounts that will not allow withdrawals of principal or interest without prior court order until the date at which the minor becomes 18 years old, at which point that minor may withdraw the principal and interest without a court order.

        Plaintiff/Guardian ad Litem is ORDERED to deliver to the manager at the financial institution where the funds are to be deposited a certified or filed copy of this Order.

Plaintiff/Guardian ad Litem is ORDERED to promptly file with the Court a receipt from the financial institution, acknowledging receipt of both the funds deposited and the order for deposit of funds.

BACKGROUND:

On January 28, 2021, Plaintiffs Alicia Murillo, Alexia Gutierrez, Daniel Rodriguez, and Priscilla Gutierrez filed their Complaint against Defendants Vigen Haroutunian and Roselyn Haroutunian on causes of action arising from Plaintiffs’ tenancy with Defendants.

On July 29 and 30, 2021, the Court appointed Plaintiff Alicia Murillo as the guardian ad litem for Plaintiffs Daniel Rodriguez and Alexia Gutierrez.

On October 31, 2023, Plaintiffs filed their Judicial Council Form CM-200, Notice of Settlement of Entire Case.

On January 9, 2024, on behalf of Plaintiffs Daniel Rodriguez and Priscilla Gutierrez, Plaintiff/Guardian ad Litem Alicia Murillo filed (separately for each of them) the following three items: (1) Judicial Council Form MC-350, Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability; (2) Judicial Council Form MC-351, Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability; and (3) Judicial Council Form MC-355, Order to Deposit Funds in Blocked Account.

        On February 16, 2024, on behalf of Plaintiff Priscilla Gutierrez, Plaintiff Alicia Murillo filed Judicial Council Form CIV-010/FL-935, Ex Parte Application for Appointment of Guardian ad Litem—Civil and Family Law.

ANALYSIS:

I.          Legal Standard

“The guardian or conservator of the estate or guardian ad litem so appearing for any minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the ward or conservatee, and to satisfy any judgment or order in favor of the ward or conservatee or release or discharge any claim of the ward or conservatee pursuant to that compromise. . . .” (Code Civ. Proc., § 372, subd. (a)(3).)

“A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with rules 7.950 or 7.950.5, 7.951, and 7.952.” (Cal. Rules of Court, rule 3.1384(a).)

“A petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor's disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 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, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).” (Cal. Rules of Court, rule 7.950.)

“In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, 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)(1).)

“The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.” (Cal. Rules of Court, rule 7.955(a)(2).)

“A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” (Cal. Rules of Court, rule 7.955(c).)

II.       Discussion

A.      Approval of the Petitions

Plaintiff/Guardian ad Litem Alicia Murillo petitions the Court for approval of a compromise that includes: (1) Priscilla Gutierrez, who is a sixteen-year-old minor; and (2) Plaintiff Alexia Gutierrez, who is a fifteen-year-old minor.

        Among other things, the Gross Settlement Amount is $295,000.00, which consists of a $175,000.00 payment to Plaintiff Alicia Murillo, and $40,000.00 payments to each of the other three plaintiffs. (Petitions, Attachment 11b(3) and 11b(6).) According to the Petitions, the differences in the amounts per plaintiff is because the adult plaintiff had mold exposure that manifested into physical symptoms and she suffered further economic harms, as opposed to the children, who did not suffer any residual injuries from the mold exposure. (Ibid.)

        According to the attached Retainer Agreement for Legal Services for each of the minor children, the percentage of attorney’s fees to be assessed from each of the minor plaintiffs is 25% of their respective awards. (Petitions, Exhs. A, B; see also Petitions, Decl. Novak, ¶¶ 6–7.) No costs or expenses are assigned to the minors in this case. (Petitions, Decl. Novak, ¶¶ 6–7.)

        Pursuant to Code of Civil Procedure section 372 and California Rules of Court, rules 7.950 and 7.955, the Court finds that the Compromise is generally reasonable and that the applicable procedures have been followed.

        The Court GRANTS the petition.

B.      Order to Deposit Funds in Blocked Account

1.      Legal Standard

“In any case in which the court orders that funds to be received by a minor or a person with a disability must be deposited in a financial institution and not disbursed without further order of the court, the order must include a provision that a certified or filed endorsed copy of the order must be delivered to a manager at the financial institution where the funds are to be deposited, and that a receipt from the financial institution must be promptly filed with the court, acknowledging receipt of both the funds deposited and the order for deposit of funds.” (Cal. Rules of Court, rule 7.953, subd. (a).)

“If, in the order approving the compromise of a minor's claim, there is a finding that the minor will attain the age of majority on a definite date, the order for deposit may require that the depository permit the withdrawal of funds by the former minor after that date, without further order of the court.” (Cal. Rules of Court, rule 7.953, subd. (a).)

2.      Discussion

For each of the minor children, Plaintiff/Guardian ad Litem filed Judicial Council Form MC-355, Order to Deposit Funds in Blocked Account. Each of the forms submitted lists the minor’s birthday, requests that no withdrawal of interest or principal be allowed without court order prior to the minor’s 18th birthday, and requests that such withdrawals can be made by the minor without court order once they reach 18 years of age.

The Court PERMITS the funds to be placed in blocked accounts that will not allow withdrawals of principal or interest without prior court order until the date at which the minor becomes 18 years old, at which point that minor may withdraw the principal and interest without a court order.

        The Court ORDERS Plaintiff/Guardian ad Litem to deliver to the manager at the financial institution where the funds are to be deposited a certified or filed copy of this Order.

        The Court ORDERS Plaintiff/Guardian ad Litem to promptly file with the Court a receipt from the financial institution, acknowledging receipt of both the funds deposited and the order for deposit of funds.

III.     Conclusion

        The Ex Parte Application for Appointment of Guardian ad Litem for Priscilla Gutierrez is GRANTED. Plaintiff Alicia Murillo is ORDERED APPOINTED as guardian ad litem for Plaintiff Priscilla Guiterrez.

 Plaintiff/Guardian ad Litem’s Petitions are GRANTED.

The funds are PERMITTED to be placed in blocked accounts that will not allow withdrawals of principal or interest without prior court order until the date at which the minor becomes 18 years old, at which point that minor may withdraw the principal and interest without a court order.

        Plaintiff/Guardian ad Litem is ORDERED to deliver to the manager at the financial institution where the funds are to be deposited a certified or filed copy of this Order.

Plaintiff/Guardian ad Litem is ORDERED to promptly file with the Court a receipt from the financial institution, acknowledging receipt of both the funds deposited and the order for deposit of funds.