Judge: Peter A. Hernandez, Case: 24STCV00763, Date: 2025-03-19 Tentative Ruling

Case Number: 24STCV00763    Hearing Date: March 19, 2025    Dept: 34

 

1.     Petitioner Vanessa Godinez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Anthony Castellanos] is GRANTED.

 

2.     Petitioner Vanessa Godinez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Michael Castellanos] is GRANTED.

 

3.     Petitioner Vanessa Godinez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Nathan Castellanos] is GRANTED.

 

Background

 

            On January 11, 2024, Plaintiffs Vanessa Godinez, Miguel Godinez, Nathan Castellanos, Michael Castellanos, and Anthony Castellanos (“Plaintiffs”) filed a complaint against Defendants GHP Management Corporation and Westcreek Properties LTD (“Defendants”) arising from Plaintiffs’ tenancy alleging causes of action for:

 

1.                 Breach of Contract;

2.                 Breach of Implied Warranty of Habitability;

3.                 Nuisance;

4.                 Intentional Infliction of Emotional Distress; and

5.                 Negligence.

 

On July 5, 2024, Defendants filed an answer to Plaintiffs’ complaint.

 

1.     Minor’s Compromise (i.e., as to Anthony Castellanos)

 

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 Vanessa Godinez ("Petitioner") seeks court approval of a settlement between minor claimant Anthony Castellanos (“Anthony”) (DOB: 3/9/18) and Defendant GHP Management Corporation in the total amount of $1,500.00. (Petition, ¶ 10.) Petitioner is Anthony’s parent and guardian ad litem.

 

            The petition is executed by Petitioner. The petition explains that from 2020 to 2024, Anthony resided with his mother in an apartment located at 521450 Grape Lily Circle #101, Newhall, CA 91321. Plaintiffs allege that their apartment was uninhabitable and had numerous violations of Cal. Civ. Code section 1941.1 and Health and Safety Code Section 17920.3. Plaintiffs brought claims based on their residence at the property. (Id., ¶¶ 4-7.) Anthony did not sustain any injuries nor received any treatment. (Ibid.)

 

            The total amount of attorney’s fees for which court approval is requested is $375.00. (Petition, ¶ 13a.) This equates to 25% of Anthony’s total recovery. (Id., Nielsen Decl., ¶ 4.) Petitioner will pay for the total amount of litigation costs and expenses out of Petitioner’s portion of the settlement. (Petition, ¶ 13b.) Petitioner has attached a declaration from Counsel Tanner Nielsen. (Petition, Attachment 13a.) The court has reviewed the declaration of Nielsen and believes that 25% is an appropriate percentage for attorney’s fees here.

 

            The net balance of proceeds for Anthony after payment of all requested fees and expenses is $1,125.00. (Petition, ¶¶ 15-16.) Petitioner indicates that as there is no guardianship or conservatorship of Anthony’s estate, the disposition of the settlement balance is to be paid to Anthony’s parent. (Petition, ¶¶ 18b(5).)

 

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

 

2.     Minor’s Compromise (i.e., as to Michael Castellanos)

 

Legal Standard

 

See Petition #1, above.

 

Discussion

 

            Petitioner Vanessa Godinez ("Petitioner") seeks court approval of a settlement between minor claimant Michael Castellanos (“Michael”) (DOB: 1/14/17) and Defendant GHP Management Corporation in the total amount of $1,500.00. (Petition, ¶ 10.) Petitioner is Michael’s parent and guardian ad litem.

 

            The petition is executed by Petitioner. The petition explains that from 2020 to 2024, Michael resided with his mother in an apartment located at 521450 Grape Lily Circle #101, Newhall, CA 91321. Plaintiffs allege that their apartment was uninhabitable and had numerous violations of Cal. Civ. Code section 1941.1 and Health and Safety Code Section 17920.3. Plaintiffs brought claims based on their residence at the property. (Id., ¶¶ 4-7.) Michael did not sustain any injuries nor received any treatment. (Ibid.)

 

            The total amount of attorney’s fees for which court approval is requested is $375.00. (Petition, ¶ 13a.) This equates to 25% of Michael’s total recovery. (Id., Nielsen Decl., ¶ 4.) Petitioner will pay for the total amount of litigation costs and expenses out of Petitioner’s portion of the settlement. (Petition, ¶ 13b.) Petitioner has attached a declaration from Counsel Tanner Nielsen. (Petition, Attachment 13a.) The court has reviewed the declaration of Nielsen and believes that 25% is an appropriate percentage for attorney’s fees here.

 

            The net balance of proceeds for Michael after payment of all requested fees and expenses is $1,125.00. (Petition, ¶¶ 15-16.) Petitioner indicates that as there is no guardianship or conservatorship of Michael’s estate, the disposition of the settlement balance is to be paid to Michael’s parent. (Petition, ¶¶ 18b(5).)

 

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

 

3.     Minor’s Compromise (i.e., as to Nathan Castellanos)

 

Legal Standard

 

See Petition #1, above.

 

Discussion

 

            Petitioner Vanessa Godinez ("Petitioner") seeks court approval of a settlement between minor claimant Nathan Castellanos (“Nathan”) (DOB: 3/24/16) and Defendant GHP Management Corporation in the total amount of $1,500.00. (Petition, ¶ 10.) Petitioner is Nathan’s parent and guardian ad litem.

 

            The petition is executed by Petitioner. The petition explains that from 2020 to 2024, Nathan resided with his mother in an apartment located at 521450 Grape Lily Circle #101, Newhall, CA 91321. Plaintiffs allege that their apartment was uninhabitable and had numerous violations of Cal. Civ. Code section 1941.1 and Health and Safety Code Section 17920.3. Plaintiffs brought claims based on their residence at the property. (Id., ¶¶ 4-7.) Nathan did not sustain any injuries nor received any treatment. (Ibid.)

 

            The total amount of attorney’s fees for which court approval is requested is $375.00. (Petition, ¶ 13a.) This equates to 25% of Nathan’s total recovery. (Id., Nielsen Decl., ¶ 4.) Petitioner will pay for the total amount of litigation costs and expenses out of Petitioner’s portion of the settlement. (Petition, ¶ 13b.) Petitioner has attached a declaration from Counsel Tanner Nielsen. (Petition, Attachment 13a.) The court has reviewed the declaration of Nielsen and believes that 25% is an appropriate percentage for attorney’s fees here.

 

            The net balance of proceeds for Nathan after payment of all requested fees and expenses is $1,125.00. (Petition, ¶¶ 15-16.) Petitioner indicates that as there is no guardianship or conservatorship of Nathan’s estate, the disposition of the settlement balance is to be paid to Nathan’s parent. (Petition, ¶¶ 18b(5).)

 

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

 

Conclusion

 

1.     Petitioner Vanessa Godinez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Anthony Castellanos] is GRANTED.

 

2.     Petitioner Vanessa Godinez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Michael Castellanos] is GRANTED.

 

3.     Petitioner Vanessa Godinez’ Petition to Approve Minor’s Compromise of Pending Action [i.e., as to Nathan Castellanos] is GRANTED.