Judge: Michael Shultz, Case: 22CMCV00622, Date: 2023-08-22 Tentative Ruling

Case Number: 22CMCV00622    Hearing Date: August 22, 2023    Dept: A

22CMCV00622 Perla Pineda, et al v. Crystal Plus, LLC

Tuesday, August 22, 2023, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING PETITION ON BEHALF OF ADRIAN GONZALEZ (AGE 5) FOR APPROVAL OF MINOR’S COMPROMISE OF CLAIMS

TENTATIVE] ORDER GRANTING PETITION ON BEHALF OF JAYLEEN GONZALEZ, (AGE 7) FOR APPROVAL OF MINOR’S COMPROMISE OF CLAIMS

      This action arose from injuries suffered by five adult Plaintiffs and two minor children for injuries suffered from the alleged uninhabitable conditions existing in residential real property owned by Defendant. The adult Plaintiffs agreed to settle their claims for $34,000 each. Jayleen Gonzalez will receive $30,000 and Adrian Gonzalez will receive $25,000. Jayleen suffered from rat bites, while Adrian suffered from exposure to the rat infestation and did not require medical treatment. Both Claimants have recovered from their injuries. The adults were allocated a larger portion of the settlement as they lived on the premises for a significantly longer period of time than the Claimants and because the adults sustained other damage to replace property and to recover rental payments.

      A minor’s settlement is valid if approved by the court after a hearing.  (Prob. Code, §§3505, 3500.) From Jayleen’s settlement, Plaintiffs’ counsel will deduct $262.32 to satisfy Medi-Cal’s lien for medical expenses incurred. Plaintiffs’ counsel will deduct costs of $130.93 from each of the minor Claimant’s settlement, representing their share, and attorney’s fees of $7,500.00 (25 percent), leaving a net settlement amount of $22,106.75. Counsel will use the balance to fund an annuity on Jayleen’s behalf as permitted by statute. (Prop. Ord., Attachment 1); (Prob. Code, § 3611 (b).)

      From Adrian’s settlement attorney’s fees of $6,250 (25 percent), will be deducted (plus Adrian’s share of costs) leaving a balance of $18,619.07 which will also fund an annuity on Claimant’s behalf.

      The Court finds that the request for attorney’s fees is reasonable based on counsel’s declaration and the factors relevant to that determination such as “the nature of the litigation, its difficulty, the amount involved, the skill required in its handling, the skill employed, the attention given, the success or failure, and other circumstances in the case.” (Jarman v. HCR ManorCare, Inc. (2020) 267 Cal.Rptr.3d 696 [471 P.3d 1001].)

Petitioner and Claimants must appear at the hearing, unless the Court finds good cause to excuse their appearance. (Cal. Rules of Court, 7.952.) Subject to a hearing, the Court is inclined to grant both petitions.