Judge: Peter A. Hernandez, Case: 23STCV12382, Date: 2024-10-03 Tentative Ruling

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Case Number: 23STCV12382    Hearing Date: October 3, 2024    Dept: 34

Ana Miriam Castillo Hernandez, et al. v. Maria G. Sandor, et al. (23STCV12382)

1.               Petitioner Ana Miriam Castillo Hernandez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Ethan Rangel Castillo] is GRANTED.

2.               Petitioner Ana Miriam Castillo Hernandez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Briana Zoe Rangel-Castillo] is GRANTED.

3.               Petitioner Ana Miriam Castillo Hernandez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Scarlett Rangel Castillo] is GRANTED.

Background

Plaintiffs Ana Miriam Castillo Hernandez, individually and as guardian ad litem of her minor children, Briana Zoe Rangel-Castillo, Scarlett Rangel Castillo, and Ethan Rangel Castillo; Roberto Rangel Sanchez; Ernestina Sanchez Cabrera; and Estefany Janeth Sanchez Cabrera (“Plaintiffs”) allege as follows:

On March 13, 2003, Plaintiffs Ernestina Sanchez Cabrera, Estefany Janeth Sanchez Cabrera, and Roberto Rangel Sanchez entered into a written lease with Defendants Maria G. Sandor and Luis Sandor (“Defendants”) for a property located at 2678 Menlo Ave., Apt. 6, Los Angeles, California, 90007.

On July 1, 2015, Ana Miriam Castillo Hernandez, Roberto’s partner, moved into the property. Roberto and Ana’s children, Briana, Scarlett, and Ethan, moved into the property after their births in 2016, 2018, and 2021.

Throughout Plaintiffs’ tenancy, Plaintiffs experienced multiple defects with the property that made it grossly unhabitable including lead-based paint. Defendants failed to remedy any of the issues with the property.

On May 31, 2023, Plaintiffs filed a complaint asserting causes of action against Defendants and Does 1-20 for:

1.                Breach of Implied Warranty of Habitability;

2.               Tortious Breach of Implied Warranty of Habitability;

3.               Negligence;

4.               Intentional Infliction of Emotional Distress;

5.               Private Nuisance;

6.               Violation of Civil Code § 1942.4;

7.               Violation of Business and Professions Code § 17200;

8.               Violation of the Tenant Anti-Harassment Ordinances (Los Angeles Municipal  

Code § 45.30, et. seq.); and

Violation of Residential Lead-Based Paint Hazard Reduction Act of 1992 (42

U.S.C. § 4852d.)

On July 12, 2023, Defendants filed their answer to Plaintiff’s Complaint.

On August 23, 2024, Plaintiffs filed a conditional “Notice of Settlement of Entire Case.” An Order to Show Cause Re: Dismissal (Settlement) is set for October 21, 2024.

1.               Minor’s Compromise (i.e., as to Ethan Rangel Castillo)

Legal Standard

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).

Discussion

Petitioner Ana Miriam Castillo Hernandez ("Petitioner") seeks court approval of a settlement between minor claimant Ethan Uriel Gallegos (“Ethan”) (DOB: 7/27/21) and Defendants Maria G. Sandor and Luis Sandor (“Defendants”)[1] in the total amount of $240,000.00. (Petition, ¶ 10.)[2] Petitioner is Ethan’s parent.

The petition is executed by Petitioner. The petition explains that starting on July 28, 2021, Ethan was exposed to and ingested deteriorated lead-based paint and lead contaminated dust from birth since living in the property. (Id., ¶¶ 4-7.) Ethan also sustained bites from cockroaches and was exposed to other unhabitable conditions while living in the property. (Ibid.) As a result, Ethan suffers from attention deficit, hyperactivity disorder, communication disorder, and chronic toxic stress. (Ibid.) There is no medical treatment for elevated blood levels at the levels experienced by Ethan. (Ibid.)

The total amount of attorney’s fees for which court approval is requested is $84,000.00. (Petition, ¶ 13; Ersoff Decl., Exh. C). This equates to 35% of Ethan’s total recovery. The total amount of litigation costs and expenses is $18,713.73. (Petition, ¶ 13) Petitioner has attached a declaration from Victoria L. Ersoff, as well as a copy of the retainer agreement. The court has reviewed the declaration of Ersoff and believes that 35% is an appropriate percentage for attorney’s fees here.

The net balance of proceeds for Ethan after payment of all requested fees and expenses is $137,286.27, which will be deposited in an annuity account at Metropolitan Tower Life Insurance Company (“Metropolitan”). (Ersoff Decl., Exh. D.) Metropolitan will make annuity payments to Ethan when he turns 21 and 25. (Id., ¶ 33.) 

The court finds the settlement is fair and reasonable. The petition is GRANTED.

2.               Minor’s Compromise (i.e., as to Briana Zoe Rangel-Castillo)

Legal Standard

See Petition #1, above.

Discussion

Petitioner Ana Miriam Castillo Hernandez ("Petitioner") seeks court approval of a settlement between minor claimant Briana Zoe Rangel-Castillo (“Briana”) (DOB: 2/29/16) and Defendants Maria G. Sandor and Luis Sandor (“Defendants”)[3] in the total amount of $40,000.00. (Petition, ¶ 10.)[4] Petitioner is Briana’s parent.

The petition is executed by Petitioner. The petition explains that starting on March 1, 2016, Briana experienced general respiratory and dermatological symptoms including allergies, skin rashes, cockroach bites, and exposure to cockroach allergens due to Defendants failure to maintain and repair the property occupied by Plaintiffs, including Briana. (Id., ¶¶ 4-6.) As a result, Briana had to take prescription medicines, over-the-counter medicines, and ointments to manage her respiratory and skin issues. (Id., ¶ 7.)  Briana has recovered completely from the effects of the aforementioned injuries and there are no permanent injuries. (Id., ¶ 8.)

The total amount of attorney’s fees for which court approval is requested is $14,000.00. (Petition, ¶ 13; Ersoff Decl., Exh. C). This equates to 35% of Briana’s total recovery. The total amount of litigation costs and expenses is $3,118.96. (Petition, ¶ 13) Petitioner has attached a declaration from Victoria L. Ersoff, as well as a copy of the retainer agreement. The court has reviewed the declaration of Ersoff and believes that 35% is an appropriate percentage for attorney’s fees here.

The net balance of proceeds for Briana after payment of all requested fees and expenses is $22,881.04, which will be deposited in an annuity account at Metropolitan Tower Life Insurance Company (“Metropolitan”). (Petition, Attachment 18b(3); Ersoff Decl., Exh. D.) Metropolitan will make annuity payments to Briana when she turns 21 and 25. (Id., ¶ 33.) 

The court finds the settlement is fair and reasonable. The petition is GRANTED.

3.               Minor’s Compromise (i.e., as to Scarlett Rangel Castillo)

Legal Standard

See Petition #1, above.

Discussion

Petitioner Ana Miriam Castillo Hernandez ("Petitioner") seeks court approval of a settlement between minor claimant Scarlett Rangel Castillo (“Scarlett”) (DOB: 3/29/18) and Defendants Maria G. Sandor and Luis Sandor (“Defendants”)[5] in the total amount of $40,000.00. (Petition, ¶ 10.)[6] Petitioner is Scarlett’s parent.

The petition is executed by Petitioner. The petition explains that starting on March 30, 2018, Scarlett experienced general respiratory and dermatological symptoms including allergies, skin rashes, cockroach bites, and exposure to cockroach allergens due to Defendants failure to maintain and repair the property occupied by Plaintiffs, including Scarlett. (Id., ¶¶ 4-6.) As a result, Scarlett had to take prescription medicines, over-the-counter medicines, and ointments to manage her respiratory and skin issues. (Id., ¶ 7.)  Scarlett has recovered completely from the effects of the aforementioned injuries and there are no permanent injuries. (Id., ¶ 8.)

The total amount of attorney’s fees for which court approval is requested is $14,000.00. (Petition, ¶ 13; Ersoff Decl., Exh. C). This equates to 35% of Scarlett’s total recovery. The total amount of litigation costs and expenses is $3,118.96. (Petition, ¶ 13) Petitioner has attached a declaration from Victoria L. Ersoff, as well as a copy of the retainer agreement. The court has reviewed the declaration of Ersoff and believes that 35% is an appropriate percentage for attorney’s fees here.

The net balance of proceeds for Scarlett after payment of all requested fees and expenses is $22,881.04, which will be deposited in an annuity account at Metropolitan Tower Life Insurance Company (“Metropolitan”). (Petition, Attachment 18b(3); Ersoff Decl., Exh. D.) Metropolitan will make annuity payments to Scarlett when she turns 21 and 25. (Id., ¶ 33.) 

The court finds the settlement is fair and reasonable. The petition is GRANTED.

Conclusion

1.               Petitioner Ana Miriam Castillo Hernandez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Ethan Rangel Castillo] is GRANTED.

2.               Petitioner Ana Miriam Castillo Hernandez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Briana Zoe Rangel-Castillo] is GRANTED.

3.               Petitioner Ana Miriam Castillo Hernandez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Scarlett Rangel Castillo] is GRANTED.