Judge: Michael P. Linfield, Case: 23STCV10187, Date: 2024-05-14 Tentative Ruling
The Court often posts its tentative several days in advance of the hearing. Please re-check the tentative rulings the day before the hearing to be sure that the Court has not revised the ruling since the time it was posted.
Please call the clerk at (213) 633-0154 by 4:00 pm. the court day before the hearing if you wish to submit on the tentative.
Case Number: 23STCV10187 Hearing Date: May 14, 2024 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: Stephany
Reyes
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: Stephany
Reyes
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: Stephany
Reyes
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: Stephany
Reyes
Resp. Party: None
The Petitions
are GRANTED, with the one change indicated below — i.e., that no attorney’s
fees or costs are to be subtracted from amounts awarded to the minors.
BACKGROUND:
On May 5,
2023, Plaintiffs Stephany Reyes, Felipe Aaron Guerrero, Genesis Guerrero, Aaron
Guerrero, Aiden Guerrero, and Victoria Guerrero filed their Complaint against Defendant
Shrikant Tamhane on causes of action arising from Plaintiffs’ tenancy with
Defendant.
On May 16,
2023, the Court appointed Plaintiff Stephany Reyes as the guardian ad litem for
Plaintiffs Genesis Guerrero, Aaron Guerrero, Aiden Guerrero, and Victoria
Guerrero — each of whom is a minor.
On
July 5, 2023, Defendant filed his Answer to the Complaint.
On
April 18, 2024, on behalf of each of the minor Plaintiffs, Plaintiff/Guardian
ad Litem Stephany Reyes filed: (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; and (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.
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
Plaintiff/Guardian ad Litem Stephany Reyes
petitions the Court for approval of a compromise that includes: (1) Genesis
Guerrero, who is a fifteen-year-old minor; (2) Aaron Guerrero, who is a
twelve-year-old minor; (3) Aiden Guerrero, who is a nine-year-old minor; and
(4) Victoria Guerrero, who is a six-year-old minor.
Among other things, the
Gross Settlement Amount is $425,000.00, which consists of $142,500.00 payments
to each of the adult Plaintiffs and $35,000.00 payments to each of the minor
Plaintiffs. (Petitions, Items 10, 11.b.(5).) According to the Petitions, the
differences in the amounts per plaintiff is because the adults suffered the
majority of the direct damages in this matter. (Petitions, Attachment
11(b)(3)–(6), pp. 2:24–3:2.)
The percentage of attorney’s
fees to be assessed from each of the minor plaintiffs is 25% of their
respective awards. (Petitions, Attachment 11(b)(3)–(6), p. 3:7.) According to
Item 16 of the Petitions, the total amount of fees requested is $8,750.00 from
each of the minor Plaintiffs. (Petitions, Item 16.c.) In addition, each minor
Plaintiff had a specific amount of medical expenses that would have been paid
from the proceedings of the settlement or judgment, including: (1) $1,420.29
for Genesis Guerrero; (2) $1,255.34 for Aaron Guerrero; (3) $128.49 for Aiden
Guerrero; and (4) $128.49 for Victoria Guerrero. (Petition, Item 16.b.)
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 petitions with
the following change: the attorneys are not to assess any attorney’s fees or
costs against the funds allotted to the minors. In other words, each of the
minors is to receive the full $35,000.00 awarded to each of them.
With the above change, the Court GRANTS
the Petitions.
III. Conclusion
The Petitions are GRANTED, with the one change indicated above —
i.e., that no attorney’s fees or costs are to be subtracted from amounts
awarded to the minors.