Judge: Ronald F. Frank, Case: 23TRCV00681, Date: 2024-09-18 Tentative Ruling
Case Number: 23TRCV00681 Hearing Date: September 18, 2024 Dept: 8
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HEARING DATE: September 18, 2024
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CASE NUMBER: 23TRCV00681
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CASE NAME: Saul Salas-Lopez, et
al. v. Dean K. Sugano, et al.
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MOVING PARTY: Plaintiffs, Saul Salas-Lopez, an individual; Felicia Guzman, an
individual and as Guardian ad Litem for Saul Salas-Lopez Jr., a minor, Rickee
Salas-Lopez, a minor, and Sophee Salas-Lopez, a minor.
RESPONDING PARTY: Defendant, Dean K. Sugano, individual and as Trustee of the
Sugano Family Trust Dated 2/12/1996, Mashcole Property Management, Inc. (No
Opposition)
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TRIAL DATE:
Not Set.
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MOTION:¿ (1)
Plaintiff’s Petition for Minor’s Compromise for Saul Salas-Lopez Jr.
(2) Plaintiff’s Petition for
Minor’s Compromise for Rickee Salas-Lopez
(3) Plaintiff’s Petition for
Minor’s Compromise for Sophee Salas-Lopez
Tentative Rulings: (1), (2), (3) GRANTED
I. BACKGROUND¿
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A.
Factual¿
On March 7, 2023, Plaintiffs, Saul Salas-Lopez, an
individual; Felicia Guzman, an individual and as Guardian ad Litem for Saul
Salas-Lopez Jr., a minor, Rickee Salas-Lopez, a minor, and Sophee Salas-Lopez,
a minor, filed a complaint against Defendants, Dean K.
Sugano, individual and as Trustee of the Sugano Family Trust Dated 2/12/1996,
Mashcole Property Management, Inc., and DOES 1 through 20. The complaint
alleges causes of action for: (1) Breach of Warranty of
Habitability (Violation of Civil Code § 1941.1); (2) Breach of Warranty of
Habitability (Health & Safety Code § 17920.3); (3) Breach of Warranty of
Habitability (Violation of Civil Code § 1942.4); (4) Negligence - Premises
Liability/Failure to Warn/Negligence Per Se; (5) Nuisance; (6) Intentional
Infliction of Emotional Distress; (7) Breach of Contract; (8) Unfair Business
Practices (Violation of Business and Professions Code §17200, et. seq.); and
(9) Fraudulent Concealment.
On August 27, 2024, Plaintiffs filed three Petitions
for Minor’s Compromise for Saul Salas-Lopez Jr., Rickee Salas-Lopez, and Sophee
Salas-Lopez (collectively, “Minor Plaintiffs”).
B. Procedural
On August 5, 2024, Plaintiffs filed their Petition
for Approval of Compromise of Claim or Action or Disposition of Proceeds of
Judgment for Minor or Person with a Disability. To date, no opposition has been
filed.
¿II. ANALYSIS ¿
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A. Legal Standard
Court approval is required for all settlements of a minor’s claim.
(Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.) “‘[W]ithout trial court approval of the
proposed compromise of the ward’s claim, the settlement cannot be valid.
[Citation.] [¶] Nor is the settlement binding [on the minor] until it is
endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202
Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear either by a
guardian or conservator of the estate or by a guardian ad litem appointed by
the court in which the action or proceeding is pending, or by a judge thereof,
in each case.” (Code Civ. Proc., § 372, subd. (a)(1).) Alternatively, the
petitioner may file a declaration demonstrating that he or she has a right to compromise
the minor’s claim under Cal. Probate Code section 3500. Pursuant to California Rules of Court (“CRC”)
Rule 7.950, a petition for court approval of a compromise of a pending action
for a minor “mut be verified by the petitioner and must contain a full
disclosure of all information that has any bearing upon the reasonableness of
the compromise, covenant, settlement, or disposition.”
Regarding the substance of the Petition, to obtain court approval
of the settlement of a minor’s claims, the petitioner must file a complete
and “verified petition for approval of the settlement and must disclose ‘all
information that has any bearing upon the reasonableness of the compromise.’
[Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217
Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)
B.
Discussion
Minor Plaintiffs’
guardian ad litem, Felicia Guzman, has filed three Petitions for
Approval of Compromise of Claim or Action or Disposition of Proceeds of
Judgment for Minor or Person with a Disability. The Petitions indicates that
Minor Plaintiffs’ claims are the subject of a pending action or proceeding that
will be compromised or settled without a trial. Plaintiffs have included a
filing of the Notice of Settlement.
The Petition asserts that all three (3)
Minor Plaintiffs have recovered completely from the effects of the injuries
described in item 6, and there are no permanent injuries. It also notes that
the Petitioners have made a careful and diligent and investigation into the
facts and circumstances of the incident or accident in which the claimant was
injured; the responsibility for the incident or accident; and the nature,
extent, and seriousness of the claimant’s injuries. Petition notes that they
understand that if the compromise proposed in this petition is approved by this
Court and consummated, the claimant will never be able to recover any more
compensation from the settling defendants even if the claimant’s injuries turn
out to be more serious than they now appear.
Further, the Petition notes that Defendants,
Alan Sugano, co-successor Trustee of the Sugano Family Trust dated 2/12/1996
Mashcole Property Management, Inc., has agreed to the settlement of a lump sum
payment of $1,000/each to the three Minor Plaintiffs. The Petition also
accounts for claimant’s attorney’s fees and all other expenses (except for
medical expenses), including expenses advanced by claimant’s attorney or paid
or incurred by petitioner, to be reimbursed from proceeds of settlement of
judgment. The total amount of attorney’s fees for which court approval is
requested amounts to $250 per Minor Plaintiff. The summary of expenses for each
of the three (3) Minor Plaintiffs include: (1) attorney’s fees to be paid from
proceeds of settlement or judgment: $250; and (2) balance of proceeds of
settlement or judgment available for claimant after payment of all fees and
expenses: $750 per Minor Plaintiff.
Lastly, the Petition confirms that there is
no guardianship or conservatorship of the estate of the claimant, and that
Petitioners requests that the court order the disposition of the balance of the
proceeds of the settlement or judgment as follows: $750 per Minor Plaintiff
will be deposited in insured accounts in one or more financial institutions in
this state, subject to withdrawal only on authorization of the court. The
Petition asserts that the name, branch, and address of each depository are
specified in attachment 18b(2) which states: Chase Bank, 8985 Venice Blvd.,
Unit C-1A, Los Angeles, CA 90034.
The Court GRANTS all three of the motion as all information provided in the moving papers tends to bear upon
the reasonableness of the compromise.
III.
CONCLUSION
¿ For the
foregoing reasons, all three of Plaintiffs’ Petitions for Minor’s Compromise are
GRANTED.
Moving party is ordered to provide notice.