Judge: Michael P. Linfield, Case: 22STCV11698, Date: 2023-05-25 Tentative Ruling

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Case Number: 22STCV11698    Hearing Date: November 15, 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 Honey Asgari

Resp. Party:    None

Plaintiff/Guardian ad Litem Honey Asgari’s Petition is GRANTED, with the one change indicated below — i.e., that no attorney’s fees or costs are to be subtracted from the $2,000.00 awarded to the minor.

BACKGROUND:

On April 6, 2022, Plaintiffs Honey Asgari, Arash Mirzabeigi, and Liliana Mirzabeigi filed their Complaint against Defendants Fox Hills Drive, LLC and Marmar Management, LLC on causes of action arising from Plaintiffs’ tenancy with Defendants.

On August 8, 2022, the Court appointed Plaintiff Honey Asgari as the guardian ad litem for Plaintiff Liliana Mirzabeigi.

On September 6, 2023, Plaintiffs filed their Judicial Council Form CM-200, Notice of Settlement of Entire Case.

On September 28, 2023, Plaintiff/Guardian ad Litem Honey Asgari filed 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. Plaintiff/Guardian ad Litem concurrently filed Judicial Council Form MC-351, which is a proposed order.

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 petitions the Court for approval of a compromise that includes Plaintiff Liliana Mirzabeigi, who is an eleven-year-old minor. Forms MC-350 and MC-351 have been filed. 

The Gross Settlement Amount is $100,000.00, which consists of $2,000.00 for the minor and $98,000.00 split equally between the two other plaintiffs. According to the Attachment for Items 11b(3) and 11b(6), the larger settlement for the adult is because the minor only suffered minor symptoms (e.g., a runny nose, sneezing, etc.) and only had one medical examination, whereas the vast majority of other damages in this matter were borne by the other two plaintiffs.

According to the attached Attorney-Client Retainer Agreement, the percentage of attorney’s fees to be assessed from each of the Plaintiffs is 40% of their respective awards. Plaintiffs’ Counsel has noted in the Petition that they are seeking the full amount attorney’s fees from the adult Plaintiffs. (Petition, Item 17.f.) However, it appears that Plaintiffs’ Counsel is also attempting to assess 25% of the minor’s award. (Petition, Item 16 and Decl. Seber, ¶ 26.)

        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 will grant the petition with the following change: the attorneys are not to assess any attorney’s fees or costs against the funds allotted to the minor, Liliana Mirzabeigi. In other words, the minor is to receive the full $2,000.00 awarded.

        With the above change, the Court GRANTS the Petition.

III.     Conclusion

Plaintiff/Guardian ad Litem Honey Asgari’s Petition is GRANTED, with the one change indicated above — i.e., that no attorney’s fees or costs are to be subtracted from the $2,000.00 awarded to the minor.