Judge: Robert B. Broadbelt, Case: 21STCV10685, Date: 2023-04-04 Tentative Ruling

Case Number: 21STCV10685    Hearing Date: April 4, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff and petitioner Beatriz Salazar

RESPONDING PARTY:        Unopposed

(1)   Petition to Approve Compromise of Claim on behalf of Minor Claimant Ronald Turcios

(2)   Petition to Approve Compromise of Claim on behalf of Minor Claimant Miguel Turcios, Jr.

(3)   Petition to Approve Compromise of Claim of behalf of Minor Claimant Axel Salazar

The court considered the moving papers filed in connection with each petition.  No opposition papers were filed.

BACKGROUND

Plaintiff Beatriz Salazar filed this breach of warranty of habitability action against defendants Lisanto, LLC and Del Sol Property Management, LLC on March 19, 2021, alleging eight causes of action for (1) intentional breach of the warranty of habitability; (2) breach of covenant of quiet enjoyment; (3) breach of covenant of quiet enjoyment; (4) tortious negligence; (5) negligent supervision and retention; (6) reduction of housing services in violation of Los Angeles Municipal Code; (7) collection of rent on untenantable dwelling; and (8) unfair business practices.

Plaintiff and petitioner Beatriz Salazar (“Petitioner”) seeks court approval of the settlements made on behalf of minor claimants Ronald Turcios, Miguel Turcios, Jr., and Axel Salazar.

Defendants Lisanto LLC and Del Sol Property Management have agreed to pay a total of $230,000 to settle this action with Petitioner and each of the minor claimants, of which $4,000 is allocated to each minor claimant.[1]  (Pets., MC-350 Forms, ¶¶ 10, 11, 16, Attachment 11b6.)

Of the $4,000 allocated to claimant Ronald Turcios, $1,000 will be expended to replace clothing and furniture destroyed by fire and water damage.  (MC-350, ¶ 13, subd. (b).)  In Attachment 13, Petitioner states that she will spend $1,000 to replace all items damaged by fire and water, which consists of “the majority of each minor claimants’ possessions.”  (MC-350, Attachment 13.)  Petitioner states that this “amount is only an estimate” at this time, as she will purchase these items once she and claimant have found a new home.  (Ibid.)  The remaining $3,000 will be paid or delivered to Petitioner, without bond, which Petitioner will place in a bank account for use by the minor claimant upon turning 18 years old.  (MC-350, Attachment 18b(5).)

Of the $4,000 allocated to minor claimant Miguel Turcios Jr., $1,000 will be expended to replace clothing and furniture destroyed by fire and water damage, which Petitioner will be purchasing in the future upon finding and moving to a new home, as set forth above.  (MC-350, ¶ 13, subd. (b); MC-350, Attachment 13.)  The remaining $3,000 will be paid or delivered to Petitioner, without bond, which Petitioner will place in a bank account for use by the minor claimant upon turning 18 years old.  (MC-350, ¶ 16, subd. (b)(5); MC-350, Attachment 18b(5).)

Of the $4,000 allocated to minor claimant Axel Salazar, $1,000 will be expended to replace clothing and furniture destroyed by fire and water damage, which Petitioner will be purchasing in the future upon finding and moving to a new home, as set forth above.  (MC-350, ¶ 13, subd. (b); MC-350, Attachment 13.)  The remaining $3,000 will be paid or delivered to Petitioner, who will place the money in a bank account for use by the minor claimant upon turning 18 years old.  (MC-350, ¶ 18, subd. (b)(5); Attachment 18b(5).)

LEGAL STANDARD

The compromise of a minor’s disputed claim for damages is valid only after it has been approved, upon the filing of a petition, by the court.  (Prob. Code, § 3500.)  The petition must be verified by the petitioner, must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, and must be prepared on judicial council form MC-350.  (Cal. Rules of Court, rule 7.950.)

DISCUSSION

The court has reviewed the petitions and finds the settlement to be fair and reasonable, and in the best interests of minor claimants Ronald Turcios, Miguel Turcios, Jr., and Axel Salazar.

The court notes that no attorney’s fees are requested.

However, Petitioner has not filed a proposed “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with Disability” (made on Judicial Council form MC-351) as to each claimant.

The court therefore exercises its discretion to continue the hearing on the petitions to give Petitioner the opportunity to file proposed orders as to each claimant.

The court orders (1) that the hearing on the petitions to approve compromise of claims on behalf of minor claimants Ronald Turcios, Miguel Turcios, Jr., and Axel Salazar is continued to April 14, 2023, and (2) plaintiff and petitioner Beatriz Salazar shall file proposed orders on Judicial Council form MC-351 as to each minor claimant no later than April 10, 2023.

The court orders plaintiff and petitioner Beatriz Salazar to give notice of this ruling.

IT IS SO ORDERED.

DATED:  April 4, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court