Judge: Robert B. Broadbelt, Case: BC674165, Date: 2022-07-26 Tentative Ruling

Case Number: BC674165    Hearing Date: July 26, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff and Petitioner Eloisa Soledad Lopez Lopez

RESPONDING PARTY:       n/a

(1)   Petition to Approve Compromise of Pending Action on Behalf of Minor (Adelyn Guadalupe Alcaraz)

The court considered the moving papers.  No opposition to the petition was filed.

MOVING PARTY:                 Plaintiff and Petitioner Edith Andrade-Miranda

RESPONDING PARTY:        n/a

(2)   Petition to Approve Compromise of Pending Action on Behalf of Minor (Edith Cabrera)

(3)   Petition to Approve Compromise of Pending Action on Behalf of Minor (Amy Luna)

(4)   Petition to Approve Compromise of Pending Action on Behalf of Minor (Kevin Cabrera)

The court considered the moving papers.  No oppositions to the petitions were filed.

BACKGROUND

Plaintiffs filed this habitability action against defendant SK Wall Investment Holdings, LLC on August 29, 2017, and thereafter filed the operative First Amended Complaint on December 5, 2017.  

Plaintiff and petitioner Eloisa Soledad Lopez Lopez seeks court approval of the settlement on behalf of claimant Adelyn Guadalupe Alcaraz, who is a minor.

Plaintiff and petitioner Edith Andrade-Miranda seeks court approval of the settlement on behalf of claimants Edith Cabrera, Amy Luna, and Kevin Cabrera, who are minors.

Defendant SK Wall Investment Holdings, LLC has agreed to pay a total of $1,600,000 to Plaintiffs to settle this action, of which $40,000 is allocated to each minor claimant.

Of the $40,000 that is allocated to claimant Adelyn Guadalupe Alcaraz, $10,000 will be paid to counsel for claimant’s attorney’s fees, and the remaining $30,000 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court as specified in Attachment 18b, subdivision (3) of the petition.  (Pet. MC-350, ¶¶ 16, 18, subd. (b)(3).)

Of the $40,000 that is allocated to claimant Edith Cabrera, $10,000 will be paid to counsel for claimant’s attorney’s fees, and the remaining $30,000 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  (Pet. MC-350, ¶¶ 16, 18, subd. (b)(3).

Of the $40,000 that is allocated to claimant Amy Luna, $10,000 will be paid to counsel for claimant’s attorney’s fees, and the remaining $30,000 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  (Pet. MC-350 ¶¶ 16, 18, subd. (b)(3).)

Of the $40,000 that is allocated to claimant Kevin Cabrera, $10,000 will be paid to counsel for claimant’s attorney’s fees, and the remaining $30,000 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  (Pet. MC-350, ¶¶ 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 petitions and finds the settlement to be fair and reasonable, and in the best interests of minor claimants Adelyn Guadalupe Alcaraz, Edith Cabrera, Amy Luna, and Kevin Cabrera.

The court finds that the declaration of Eric E. Castelblanco, counsel for minor claimants, is sufficient to support the 25 percent request for attorney’s fees. 

The court grants plaintiff and petitioner Eloisa Soledad Lopez Lopez’s petition to approve the settlement of minor claimant Adelyn Guadalupe Alcaraz.

The court grants plaintiff and petitioner Edith Andrade-Miranda’s petitions to approve the settlements of minor claimants Edith Cabrera, Amy Luna, and Kevin Cabrera.

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

 The court orders petitioners Eloisa Soledad Lopez Lopez and Edith Andrade-Miranda to file proof of purchase of annuities no later than __________________, 2022. 

The court orders petitioners Eloisa Soledad Lopez Lopez and Edith Andrade-Miranda to give notice of this order.

IT IS SO ORDERED. 

DATED:  July 26, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court