Judge: Michael Shultz, Case: 23CMCV01461, Date: 2024-03-07 Tentative Ruling
Case Number: 23CMCV01461 Hearing Date: March 7, 2024 Dept: A
23CMCV01461 Annamarie Sierra, et al. v. Irma Rodriguez
[TENTATIVE]
ORDER
This
action arises from injuries caused by Defendant’s alleged failure to maintain
Plaintiffs’ residence in a habitable condition. Annamarie Gonzales is a minor,
who is currently 17 years old. She sustained emotional distress as a result of
the uninhabitable conditions. She has fully recovered from her injuries, did
not seek medical treatment, and there are no permanent injuries. The Claimant
settled her claim for $500. Counsel does not request reimbursement for costs and
fees. Petitioner proposes that the settlement be distributed to the Claimant’s
guardian ad litem, Annamarie Sierra, which is permitted by Probate Code § 3401.
A
minor’s settlement is valid if approved by the court after a hearing. (Prob. Code, §§3505, 3500.) Petitioner and Claimant 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 the petition.