Judge: Michael Shultz, Case: 23STCV09428, Date: 2025-04-03 Tentative Ruling
DEPARTMENT 40 - MICHAEL J. SHULTZ - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call.
Case Number: 23STCV09428 Hearing Date: April 3, 2025 Dept: 40
23STCV09428 Laura Ortiz Arenas, et al. v. 15234 Sunburst
Street, LLC, et al.
[TENTATIVE]
ORDER
This
action arose from injuries sustained by Claimant, Katherine Amaya Ortiz, and
others due to substandard living conditions in residential real property owned
by Defendants. Plaintiffs filed notice of settlement on September 9, 2024.
A
minor’s settlement is valid if approved by the court after a hearing. (Prob. Code, §§ 3505, 3500.) Defendants globally settled this matter and eight other
habitability cases against J.K. Residential Services, Inc., and its related
entities for $11,520,000. Of that amount, the Claimant’s settlement is $30,000.
The Claimant suffered injuries including
allergies, itchiness, loss of sleep, and emotional distress. (Arenas decl. ¶
4.) The Claimant did not incur any medical expenses.
The
Court finds that the request for attorney’s fees of $7,500.00 (25 percent) 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.” (Nevarrez v. San Marino Skilled Nursing & Wellness Centre, LLC (2013) 221 Cal.App.4th 102, 129.)
Counsel does not seek reimbursement of costs from the Claimant’s settlement.
Petitioner
proposes using the net settlement funds of $22,500 for purchase of a single
premium deferred annuity, which is permitted. (Prob. Code, § 3611 subd. (b);
Ex. 18b(3).)
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.