Judge: Michael P. Linfield, Case: 21STCV28518, Date: 2023-03-20 Tentative Ruling

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Case Number: 21STCV28518    Hearing Date: March 20, 2023    Dept: 34

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:  Plaintiff/Guardian ad Litem Desiree Brown

Resp. Party:    None

TENTATIVE RULING:

Plaintiff/Guardian ad Litem Desiree Brown’s Petition is GRANTED.

BACKGROUND:

On August 3, 2021, Plaintiffs Desiree Brown, Nathan Brown-Winston, and Zion Perkins filed their Complaint against Defendants Alice Salvo, Icon Realty Services, Inc., and Lemeheyo LLC regarding damages Plaintiff allegedly suffered due to the conditions of their home.

On August 5, 2021, the Court appointed Desiree Brown as the guardian ad litem for Plaintiff Zion Perkins.

On October 27, 2021, the Court found related cases 21STCV28518 and 21STCV20947, and designated 21STCV28518 as the lead case.

On November 9, 2021, Plaintiffs filed their First Amended Complaint.

On December 8, 2021, by request of Plaintiffs, the Clerk’s Office dismissed without prejudice Defendant Icon Realty Services, Inc. from the First Amended Complaint.

On January 18, 2022, Defendant Alice Salvo filed her Answer to the First Amended Complaint.

On April 29, 2022, Defendant/Cross-Complainant Alice Salvo filed her Cross-Complaint against Cross-Defendant Village Park Condominium Association, Inc.

On May 31, 2022, Cross-Defendant filed its Answer to the Cross-Complaint.

On March 7, 2023, Plaintiff/Guardian ad Litem Desiree Brown filed her Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability.

No opposition or other response has been filed.

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, subd. (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, subd. (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.”

“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, subd. (c).)

II.        Discussion

Plaintiff/Guardian ad Litem Desiree Brown petitions the Court for approval of a compromise that includes Plaintiff Zion Perkins, who is a ten-year-old minor. A form MC-350 has been filed in connection with the Petition.

Among other things, the Compromise includes a $4,000.00 payment to Plaintiff Perkins, a $4,000.00 payment to Plaintiff Brown Winston, and a $60,000.00 payment to Plaintiff Brown. According to the Attachment for Items 11b(3), 11b(5), and 11b(6), the larger settlement for the adults are due to them suffering more from the conditions at issue in this litigation (although it appears only Plaintiff Brown received a larger settlement).

According to the Attachment for Item 17f, attorney’s fees are only to be paid from the settlement amounts for Plaintiffs Brown and Brown Winston, but not from Plaintiff Perkins, who is the only minor in this action. The percentage of attorney’s fees to be assessed from Plaintiffs Brown and Brown Winston is 40%, which would be $24,000.00 and $1,600.00 in attorney’s fees, respectively. (See also Petition, Fee Agreement, ¶ 4.B.)

        Pursuant to Code of Civil Procedure section 372 and California Rules of Court, rule 7.950, the Court finds that the Compromise is reasonable and that the applicable procedures have been followed. Moreover, as no attorney’s fees are to be assessed from the minor, California Rules of Court, rule 7.955 does not apply here.

        The Court GRANTS the Petition.

III.     Conclusion

Plaintiff/Guardian ad Litem Desiree Brown’s Petition is GRANTED.