Judge Ralph C. Hofer, Case Number: 23GDCV01998, Date: 2024-06-14 Tentative Ruling

Case No: 23 GDCV01998

Case Name: Capra, et al. v. Rodriguez, et al.

COMPROMISE OF PENDING ACTION

Moving Party: Petitioner Anne Capra, as parent and GAL for claimant Asa Capra

Plaintiff Anne Capra alleges that while she was a resident of residential property in Glendale, along with her adult children plaintiffs Asa Capra, Ava Capra and Chanel Capra, the residential landlords, defendants Ivan Rodriguez and Keiren “Katie” Chevarria, allowed conditions to exist in the residence which raised habitability issues, including an improperly installed water heater leading to gas odors and incidents with the gas company, the failure to install carbon monoxide alarms, roof leaks leading to shorting out of the water heater and gas heater, leaving the household without gas and heat for several days in the wintertime, and various other safety issues, such as problems with the air conditioner posing a fire risk, and a severe rat infestation. Plaintiffs allege that the gas leaks, carbon monoxide and other habitability issues resulted in injury, property damage, and emotional distress. It is also alleged that defendants increased the rent during the pandemic, when there was a rent increase moratorium.

Under CCP § 372, an action of a person who lacks legal capacity to make decisions, or for whom a conservator has been appointed, may be compromised by guardian ad litem “with the approval of the court in which the action or proceeding is pending.”

The Second District has observed that the GAL’s “purpose is to protect the rights,” of the person represented, but “it is the duty of the court to see that such rights are protected.” Scruton v. Korea Air Lines Co. (1995) 39 Cal.App.4th 1596, 1605, (citing Berry v. Chaplin (1946) 74 Cal. App. 2d 652, 657).

The petition indicates that claimant, Asa Capra, is an adult person with a disability, who is 27 years old, and has the capacity to consent to the requested order and does not have a conservator of the estate. [Petition ¶ 2].

The petition indicates that plaintiffs, including claimant, have experienced various habitability issues at the subject property which were not remediated or repaired, causing plaintiffs’ damages, and that claimant Asa Capra did not seek medical treatment but is being awarded general damages. [Petition, ¶ 6, 7]. The petition also indicates that claimant has recovered completely from the effects of any claimed injuries, and there are no permanent injuries. [Petition, ¶ 8].

The settlement is for $2,000, with State Farm Insurance Co. on behalf of defendant Ivan Rodriguez and Kieren Chavarria. Each of the other three plaintiffs are to recover $22,651.20 with a reduction for attorney’s fees.

The Proceeds are to be distributed as follows:

Legal expenses advanced by counsel: $19.15 (court filing for

Balance of Proceeds: $1,980.85 (To be paid or delivered to the adult with a disability)

No attorney’s fees are sought, as they are evidently being paid by the other plaintiffs.

The petition requests that the balance be paid to the adult with a disability. As noted above, the petition indicates that the claimant has the capacity to consent to the requested order and does not have a conservator of the estate. [Petition ¶ 2].

The claimant, Asa Capra, has executed the petition, along with his GAL, expressly giving his consent to the order requested in the petition, as required under Probate Code section 3613:

“Notwithstanding any other provision of this chapter, a court may not make an order or give a judgment pursuant to Section 3600, 3601, 3602, 3610, or 3611 with respect to an adult who has the capacity within the meaning of Section 812 to consent to the order and who has no conservator of the estate with authority to make that decision, without the express consent of that person.”

Given the express consent here, the absence of any medical treatment sought by this particular plaintiff in this matter, and the modesty of the sum to be recovered, the court approves the petition and the delivery of the funds to the claimant as requested.

Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability is GRANTED.

The Order Approving Compromise of Claim or Action submitted with the Petition will be signed by the Court.

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE

AUDIO OR VIDEO APPEARANCES

Please make arrangement in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org to schedule a remote appearance. Please note that LACourtConnect offers free audio and video appearances. However, ADVANCE REGISTRATION IS REQUIRED.

If no appearance is set up through LACourtConnect, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.