Judge: Robert B. Broadbelt, Case: 23STCV20107, Date: 2024-09-10 Tentative Ruling

Case Number: 23STCV20107    Hearing Date: September 10, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Petitioner Yessica Koh          

RESPONDING PARTY:       Unopposed

(1)   Petition for Approval of Compromise of Claim for Minor Claimant Andrew Koh

(2)   Petition for Approval of Compromise of Claim for Minor Claimant Aileen Reyes

(3)   Petition for Approval of Compromise of Claim for Minor Claimant Brandon Hernandez

(4)   Petition for Approval of Compromise of Claim for Minor Claimant Geovanny Reyes

MOVING PARTY:                 Petitioner Guadalupe Reyes  

RESPONDING PARTY:       Unopposed

(5)   Petition for Approval of Compromise of Claim for Minor Claimant Cindy Raigoza

(6)   Petition for Approval of Compromise of Claim for Minor Claimant Yazmyn Raigoza

MOVING PARTY:                 Petitioner Liliann Garcia

RESPONDING PARTY:       Unopposed

(7)   Petition for Approval of Compromise of Claim for Minor Claimant Carlos Sanchez

(8)   Petition for Approval of Compromise of Claim for Minor Claimant Jonathan Sanchez

MOVING PARTY:                 Petitioner Monique Martinez

RESPONDING PARTY:       Unopposed

(9)   Petition for Approval of Compromise of Claim for Minor Claimant Irie Tapia

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

DISCUSSION

Now pending before the court are nine petitions seeking approval of the compromise of claims on behalf of nine minor claimants.  First, plaintiff and petitioner Yessica Koh seeks court approval of the settlements made on behalf of minor claimants Andrew Koh, Aileen Reyes, Brandon Hernandez, and Geovanny Reyes.  Second, plaintiff and petitioner Guadalupe Reyes seeks court approval of the settlements made on behalf of minor claimants Cindy Raigoza and Yazmyn Raigoza.  Third, plaintiff and petitioner Liliann Garcia seeks court approval of the settlements made on behalf of minor claimants Carlos Sanchez and Jonathan Sanchez.  Finally, plaintiff and petitioner Monique Martinez seeks court approval of the settlement made on behalf of minor claimant Irie Tapia.

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 Susan Koepke-Green, Kismet Enterprises LLC, Kismet Enterprises, LLC, Brian Koepke, COIG, LLC, and B&S Industries, LLC have agreed to pay a total of $478,000 to settle this action, of which $6,700 will be separately allocated to each minor claimant.  (Pets., MC-350, ¶¶ 10-11, 16.)  Of the $6,700 allocated to the minor claimants, $1,675 will be paid to counsel for attorney’s fees.  (Pets., MC-350, ¶¶13, 16.)  The remaining $5,025 will be deposited into insured accounts for the minor claimants, subject to withdrawal only on authorization of the court.  (Pets., MC-350, ¶ 18, subd. (b)(2).)

The court has reviewed the petitions and finds the settlements to be fair and reasonable, and in the best interests of minor claimants Andrew Koh, Aileen Reyes, Brandon Hernandez, Geovanny Reyes, Cindy Raigoza, Yazmyn Raigoza, Carlos Sanchez, Jonathan Sanchez, and Irie Tapia.  The court finds that the declaration of Jesus A. Rodriguez is sufficient to support the requests for $1,675 in attorney’s fees, which represents 25 percent of the gross settlement amount of $6,700.  (Pets., Attachment 13a, Rodriguez Decl., ¶¶ 4-5.)  

The court therefore grants the petitions.

ORDER

            The court grants plaintiff and petitioner Yessica Koh’s (1) petition for approval of compromise of claim for minor claimant Andrew Koh, (2) petition for approval of compromise of claim for minor claimant Aileen Reyes, (3) petition for approval of compromise of claim for minor claimant Brandon Hernandez, and (4) petition for approval of compromise of claim for minor claimant Geovanny Reyes

The court grants plaintiff and petitioner Guadalupe Reyes’s (1) petition for approval of compromise of claim for minor claimant Cindy Raigoza, and (2) petition for approval of compromise of claim for minor claimant Yazmyn Raigoza. 

The court grants plaintiff and petitioner Liliann Garcia’s (1) petition for approval of compromise of claim for minor claimant Carlos Sanchez, and (2) petition for approval of compromise of claim for minor claimant Jonathan Sanchez.

The court grants plaintiff and petitioner Monique Martinez’s petition for approval of compromise of claim for minor claimant Irie Tapia.

The court sets an Order to Show Cause re: filing Receipt and Acknowledgement of Order for the Deposit of Money into Blocked Accounts (as to all nine minor claimants) for hearing on November 18, 2024, at 8:30 a.m., in Department 53.  

            The court orders plaintiff and petitioner Yessica Koh to give notice of this ruling.

IT IS SO ORDERED.

DATED:  September 10, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court