Judge: Peter A. Hernandez, Case: 23STCV06087, Date: 2024-10-22 Tentative Ruling
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Case Number: 23STCV06087 Hearing Date: October 22, 2024 Dept: 34
Juan Carlos Alvarez, et al. v. 2525 E 10th, LLC, et
al. (23STCV06087)
2. Petitioner Amparo Mendoza’s Petition to Approve
Minor’s Compromise of Pending Action [i.e., as to Angelique Barajas] is
GRANTED.
3. Petitioner Marta Alicia Madrigal’s Petition to Approve
Minor’s Compromise of Pending Action [i.e., as to Rose Melody Madrigal] is
GRANTED.
4.
Petitioner
Marta Alicia Madrigal’s Petition to Approve Minor’s Compromise of Pending
Action [i.e., as to Oscar Antonio Maldonado] is GRANTED.
5. Petitioner Marta Alicia Madrigal’s Petition to Approve
Minor’s Compromise of Pending Action [i.e., as to Angel Adam Madrigal] is
GRANTED.
6. Petitioner Marta Alicia Madrigal’s Petition to Approve
Minor’s Compromise of Pending Action [i.e., as to Jose Guillermo Madrigal] is
GRANTED.
BACKGROUND
Plaintiffs
Juan Carlos Alvarez, Marta Alicia Madrigal, Jose Guillermo Madrigal, Angel Adam
Madrigal, Oscar Antonio Maldonado, Rose Melody Madrigal, Amparo Mendoza,
Eduardo Barajas, Estephania Gonzalez, Bernardo Gonzalez, Jessica Gonzalez,
Eduardo Angel Barajas, and Angelique Barajas (“Plaintiffs”) allege various
causes of action arising from Plaintiffs’ tenancy at Defendants 2525 E 10th,
LLC and Sean Plotkin’s (“Defendants”) apartment building.
On March
20, 2023, Plaintiffs filed a complaint asserting causes of action against
Defendants and Does 1-50 for:
1. Breach
of Implied Warranty of Habitability;
2. Breach
of Statutory Warranty of Habitability;
3. Breach
of the Covenant of Quiet Enjoyment;
4. Negligence;
5. Private
Nuisance; and
6. Violation
of City of Long Beach Ordinance No. Ord 20-0044.
On
June 15, 2023, Defendants filed their answer to Plaintiffs’ complaint.
On
June 18, 2023, the court granted the parties’ stipulation to mediation and to continuance
of the case.
1. Minor’s Compromise (i.e., as to Eduardo
Angel Barajas)
Court approval is required
for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et
seq.; Code Civ. Proc., § 372.)
California Rules of Court Rule 7.950 provides that a petition “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.” (See Cal. Rules of Court,
rule 7.950.) Rule 7.950 states that the
Petition must be filed 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).
2. Minor’s Compromise (i.e., as to Angelique
Barajas)
Legal Standard
See Petition #1, above.
3. Minor’s Compromise (i.e., as to Rose Melody
Madrigal)
Legal Standard
See Petition #1, above.
4. Minor’s Compromise (i.e., as to Oscar
Antonio Maldonado)
Legal Standard
See Petition #1, above.
5. Minor’s Compromise (i.e., as to Angel Adam
Madrigal)
Legal Standard
See Petition #1, above.
6. Minor’s Compromise (i.e., as to Jose
Guillermo Madrigal)
Legal Standard
See Petition #1, above.
CONCLUSION
1. Petitioner Amparo Mendoza’s Petition to Approve Minor’s Compromise of
Pending Action [i.e., as to Eduardo Angel Barajas] is GRANTED.
2. Petitioner Amparo Mendoza’s Petition to Approve Minor’s Compromise of Pending Action [i.e.,
as to Angelique Barajas] is GRANTED.
3. Petitioner Marta Alicia Madrigal’s Petition to Approve Minor’s Compromise of
Pending Action [i.e., as to Rose Melody Madrigal] is GRANTED.
4. Petitioner Marta Alicia Madrigal’s Petition to Approve Minor’s Compromise of
Pending Action [i.e., as to Oscar Antonio Maldonado] is GRANTED.
5. Petitioner Marta Alicia Madrigal’s Petition to Approve Minor’s Compromise of
Pending Action [i.e., as to Angel Adam Madrigal] is GRANTED.
6. Petitioner Marta Alicia Madrigal’s Petition to Approve Minor’s Compromise of
Pending Action [i.e., as to Jose Guillermo Madrigal] is GRANTED.