Judge: Robert B. Broadbelt, Case: 21STCV31439, Date: 2022-09-01 Tentative Ruling

Case Number: 21STCV31439    Hearing Date: September 1, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff and Petitioner Jose Ramon Rodriguez Castro

RESPONDING PARTY:       Unopposed

Petition to Approve Compromise of Pending Action on Behalf of Minor Kyle Luke Brown Rodriguez

The court considered the moving papers and defendant Tara Black’s statement of non-opposition filed in connection with this petition.

BACKGROUND

Plaintiffs Geovanni Rodriguez, Maria Luisa Regalado Ruiz, Jose Ramon Rodriguez Castro, Jose Rodriguez Regalado, Kyle Luke Brown Rodriguez, by and through his guardian ad litem Jose Ramon Rodriguez Castro, and Abelardo Hernandez (“Plaintiffs”) filed this habitability action against defendant Tara Black (“Defendant”) on August 25, 2021.

On November 30, 2021, Plaintiffs filed the operative First Amended Complaint against Defendant, asserting 10 causes of action for (1) breach of implied warranty of habitability; (2) breach of covenant of quiet use and enjoyment; (3) negligence; (4) premises liability; (5) violation of Civil Code section 1942.4; (6) nuisance; (7) negligent hiring and supervision; (8) excessive collection of rent; (9) failure to comply with tenant habitability program; and (10) unlawful business practices.

On October 25, 2021, Defendant filed a Cross-Complaint against Daisy Maria Petitte and plaintiffs Abelardo Hernandez, Maria Luisa Regalado, Geovanni Rodriguez, Jose Ramon Rodriguez, and Jose Rodriguez Regalado.

Plaintiff and petitioner Jose Ramon Rodriguez Castro seeks court approval of the settlement on behalf of claimant Kyle Luke Brown Rodriguez, who is a minor.

Defendant Tara Black has agreed to pay a total of $300,000 to settle this action, of which $20,000 is allocated to minor claimant. 

Of the $20,000 that is allocated to minor claimant Kyle Luke Brown Rodriguez, $6,000 will be paid to counsel for claimant’s attorney’s fees, and the remaining $14,000 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  (Pet., MC-350, ¶¶ 13, 16, 18, subd. (b)(3).)

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 petition and finds the settlement to be fair and reasonable, and in the best interest of minor claimant Kyle Luke Brown Rodriguez.

The court finds that the declaration of Jon Naudi, counsel for minor claimant and Plaintiffs, is sufficient to support the 30 percent request for attorney’s fees.

The court grants plaintiff and petitioner Jose Ramon Rodriguez Castro’s petition to approve the settlement of minor claimant Kyle Luke Brown Rodriguez.

The court sets an Order to Show Cause re proof of purchase of annuity on December 14, 2022, at 11:00 a.m., in Department 53. 

The court orders plaintiff and petitioner Jose Ramon Rodriguez Castro to give notice of this order.

IT IS SO ORDERED. 

DATED:  September 1, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court