Judge Robert B. Broadbelt, Case Number: 22STCV30552, Date: 2025-02-28 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 22STCV30552, Date: 2025-02-28 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

(1) Petition for Approval of Compromise of Claim for Minor Claimant Marvin Villafranco

(2) Petition for Approval of Compromise of Claim for Minor Claimant Allison Villafranco

The court considered the moving papers filed in connection with each petition. No opposition papers were filed.[1]

Petitioner Ana Maria Palacios (“Petitioner”) separately seeks court approval of the settlements made on behalf of minor claimants Marvin Villafranco and Allison Villafranco (“Minor Claimants”) in this action. In the interest of efficiency, the court discusses Petitioner’s two petitions together.

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.)¿

Defendants 1242 S. Berendo LLC, Kee Hyun Kim, and Bang Ja Kim, individually and as sole surviving trustee of the Mr. and Mrs. Yong Bai Kim Joint Revocable Living Trust dated February 5, 1991, have agreed to settle this action for the total amount of $475,000, of which $10,000 will be separately allocated to Minor Claimants. (MC-350 as to M. Villafranco, ¶¶ 10-11; MC-350 as to A. Villafranco, ¶¶ 10-11.) Of the $10,000 amount allocated to Minor Claimants, $2,500 will be paid to counsel for attorney’s fees. (MC-350 as to M. Villafranco, ¶ 13; MC-350 as to A. Villafranco, ¶ 13.) The remaining $7,500, allocated to each Minor Claimant, will be (1) delivered to Petitioner in the form of a check made payable to Petitioner, (2) deposited in Petitioner’s own bank account and will not to be withdrawn until Minor Claimants attain the age of 18 years old, and (3) held in trust and for the benefit of Minor Claimants by Petitioner. (MC-350 as to M. Villafranco, ¶¶ 16, 18, subd. (b)(8) and Attachment 18b(8); MC-350 as to A. Villafranco, ¶¶ 16, 18, subd. (b)(8) and Attachment 18b(8).)

The court has reviewed the petitions and finds the settlements to be fair and reasonable, and in the best interests of Minor Claimants. The court further finds that the declarations of Michael Juarez-Munoz are sufficient to support the requests for attorney’s fees in the amount of $2,500 (as to both Minor Claimants), representing 25 percent of Minor Claimants’ individual settlements in the amounts of $10,000.[2] (MC-350 Forms, Attachments 14A, MC-025, Juarez-Munoz Decl., ¶¶ 4-8; Cal. Rules of Ct., rule 7.995.)

The court therefore grants petitioner Ana Maria Palacios’ (1) petition to approve the compromise of claim on behalf of minor claimant Marvin Villafranco, and (2) petition to approve the compromise of claim on behalf of minor claimant Allison Villafranco.

The court orders that the $7,500 settlement on behalf of minor claimant Marvin Villafranco may be paid to petitioner Ana Maria Palacios in the form of a check made payable to petitioner Ana Maria Palacios, which shall be deposited into petitioner Ana Maria Palacios’ bank account and shall not be withdrawn until minor claimant Marvin Villafranco reaches 18 years of age.

The court orders that the $7,500 settlement on behalf of minor claimant Allison Villafranco may be paid to petitioner Ana Maria Palacios in the form of a check made payable to petitioner Ana Maria Palacios, which shall be deposited into petitioner Ana Maria Palacios’ bank account and shall not be withdrawn until minor claimant Allison Villafranco reaches 18 years of age.

[1] On January 22, 2025, the court held an Order to Show Cause re dismissal. Counsel for the plaintiffs represented that they filed the pending two new petitions to approve minors’ compromises to request the court to approve different disposition of balance of proceeds of settlement. (Jan. 22, 2025 Minute Order, p. 1.)

[2] The court notes that the fee agreement attached to the pending petition to approve the compromise on behalf of minor claimant Allison Villafranco is the fee agreement entered into by Petitioner on behalf of minor claimant Marvin Villafranco, not Allison Villafranco. (MC-350 as to A. Villafranco, Attachment 17a.) However, the court notes that Petitioner attached a copy of the fee agreement entered into by Petitioner on behalf of minor claimant Allison Villafranco to the expedited petition to approve the compromise on behalf of Allison Villafranco, filed with the court on July 15, 2024. (July 15, 2024 MC-350EX as to minor claimant Allison Villafranco, Attachment 14A.) The court has considered the terms of that agreement. (Cal. Rules of Ct., rule 7.955, subd. (a)(2).)

jose alberto romero garcia , et al.; Plaintiffs, vs. 1242 s. berendo llc , et al.; Defendants.	Case No.:	22STCV30552

	Hearing Date:	February 28, 2025

	Time:	10:00 a.m.

	[tentative] Order RE: (1) petition for approval of compromise of claim for minor claimant marvin villafranco (2) petition for approval of compromise of claim for minor claimant allison villafranco