Judge Stephanie M. Bowick, Case Number: 24STCV03013, Date: 2024-12-06 Tentative Ruling

Judge: Stephanie M. Bowick, Case: 24STCV03013, Date: 2024-12-06 Tentative Ruling

CASE NAME: Dayjahne Marie Haywood, et al. v. Bella Bark, LLC

CASE NUMBER: 24STCV03013

DATE FILED: 02/06/2024

PROCEEDING: Petitions for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor

After consideration of the briefing filed, the Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor, filed by Plaintiff Rosio Evelyn Zamora as parent and guardian ad litem for minor Plaintiff Benjamin Michael Roque, is GRANTED.

The Court signs the [Proposed] Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability filed on November 20, 2024 after indicating that the hearing occurred on December 6, 2024, not February 3, 2025

The Court signs the [Proposed] Order to Deposit Funds in Blocked Account filed on November 20, 2024 after indicating that the hearing occurred on December 6, 2024, not February 3, 2025.

The Court signs the [Proposed] Order to Deposit Funds in Blocked Account filed on November 20, 2024 after indicating that the hearing occurred on December 6, 2024, not February 6, 2025.

After consideration of the briefing filed, the Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor, filed by Plaintiff Rocio Evelyn Zamora as parent and guardian ad litem for minor Plaintiff Legend Sebastian Cortez, is GRANTED.

The Court signs the [Proposed] Order to Deposit Funds in Blocked Account filed on November 20, 2024 after indicating that the hearing occurred on December 6, 2024, not February 6, 2025.

After consideration of the briefing filed, the Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor, filed by Plaintiff Gabriele Cascio as parent and guardian ad litem for minor Sellassie Shamus McKernan, is GRANTED.

The Court signs the [Proposed] Order to Deposit Funds in Blocked Account filed on November 20, 2024 after indicating that the hearing occurred on December 6, 2024, not February 25, 2025.

The Court signs the [Proposed] Order to Deposit Funds in Blocked Account filed on November 20, 2024 after indicating that the hearing occurred on December 6, 2024, not February 27, 2025.

This is residential habitability action. Plaintiffs Dayjahne Marie Haywood; Drejean Bey; Brian Magaña; Desmond Hawkins; Christian Soto; Doris Malissa Taylor; Felecia Lee Scott; Maurice Juliet Taylor; Rocio E. Zamora; Henry Medina Cortez; Benjamin Michael Roque, a minor by and through their Guardian ad Litem, Rocio E. Zamora; King Xavier Cortez, a minor by and through their Guardian ad Litem, Rocio E. Zamora; Legend Sebastian Cortez, a minor by and through their Guardian ad Litem, Rocio E. Zamora; Gabriele Cascio; Sellassie Shamus McKernan, a minor by and through their Guardian ad Litem, Gabriele Cascio; and Billie Taylor, a minor by and through their Guardian ad Litem, Gabriele Cascio (collectively, “Plaintiffs”) bring suit against Defendant Bella Bark LLC (“Defendant”) alleging the following causes of action:

Plaintiffs allege that they were tenants in an apartment building with APN 7278-022-028 located at 345 Magnolia Avenue, Long Beach, CA 90802 (the “Building”) owned and managed by Defendant, but that Defendant failed to keep the Building in a habitable condition, resulting in the in the Building being unsafe and unhealthy for its tenants.

A petition for approval of the compromise of a minor’s claim is governed by Code of Civil Procedure section 372, California Rules of Court, rules 7.950 through 7.955, and Probate Code sections 3500 and 3600 through 3613. The petition “must 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.” (Cal. R. Ct., 7.950.) Except for petitions for expedited approval of a compromise as provided in California Rules of Court, rule 7.950.5, “the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).” (Id.)

If the petitioner has been represented or assisted by an attorney in preparing the petition for approval of the compromise of the claim or in any other respect with regard to the claim, the petition must disclose the following information:

(1) The name, state bar number, law firm, if any, and business address of the attorney;

(2) Whether the attorney became involved with the petition, directly or indirectly, at the instance of any party against whom the claim is asserted or of any party's insurance carrier;

(3) Whether the attorney represents or is employed by any other party or any insurance carrier involved in the matter;

(4) Whether the attorney has received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, and, if so, the amounts and the identity of the person who paid the fees or other compensation;

(5) If the attorney has not received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, whether the attorney expects to receive any fees or other compensation for these services, and, if so, the amounts and the identity of the person who is expected to pay the fees or other compensation; and

(a) Acknowledgment of receipt by financial institution. In any case in which the court orders that funds to be received by a minor or a person with a disability must be deposited in a financial institution and not disbursed without further order of the court, the order must include a provision that a certified or filed endorsed copy of the order must be delivered to a manager at the financial institution where the funds are to be deposited, and that a receipt from the financial institution must be promptly filed with the court, acknowledging receipt of both the funds deposited and the order for the deposit of funds.

(b) Order permitting the withdrawal of funds by a former minor. If, in the order approving the compromise of a minor's claim, there is a finding that the minor will attain the age of majority on a definite date, the order for deposit may require that the depository permit the withdrawal of funds by the former minor after that date, without further order of the court.

California Rules of Court, rule 7.955, subdivision (a) requires the court to use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor, unless the Court approved the fee arrangement in advance. (Cal. R. Ct., 7.955(a)(1).) “The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events.” (Cal. R. Ct., 7.955(a)(2).) In a petition requesting court approval and allowance of attorney's fees, California Rules of Court, rule 7.955, subdivision (c) requires the attorney to submit a declaration that addresses the following nonexclusive factors applicable to the matter before the court that the court may consider:

(1) The fact that a minor or person with a disability is involved and the circumstances of that minor or person with a disability.

(3) The novelty and difficulty of the questions involved and the skill required to perform the legal services properly.

(5) The time limitations or constraints imposed by the representative of the minor or person with a disability or by the circumstances.

(6) The nature and length of the professional relationship between the attorney and the representative of the minor or person with a disability.

(7) The experience, reputation, and ability of the attorney or attorneys performing the legal services.

(9) The informed consent of the representative of the minor or person with a disability to the fee.

(10) The relative sophistication of the attorney and the representative of the minor or person with a disability.

(11) The likelihood, if apparent to the representative of the minor or person with a disability when the representation agreement was made, that the attorney's acceptance of the particular employment would preclude other employment.

(14) Statutory requirements for representation agreements applicable to particular cases or claims.

Here, the Petitions are brought pursuant to California Rules of Court, rule 7.950. The Petitions are verified and submitted on required Judicial Council form MC-350.

The Petitions seeks approval of an offer by Defendant to settle Claimants’ claim for $10,000.00 as part of a $960,000.00 gross settlement to settle the entire action. (Petition, §§ 10-11, Attachment 11.) The Petitions seek approval for reimbursement of $60.87 in litigation costs and $2,484.78 in attorney’s fees, for a net settlement amount to Claimants of $7,454.35. (Id. at §§ 13-16.)

The Petitions include all the required disclosures of attorney’s interest set forth in California Rules of Court, rule 7.951. (See id. at § 17.) As required by California Rules of Court, rule 7.955, the Petitions include a declaration from Plaintiffs’ counsel, Christofer R. Chapman, addressing the factors applicable in determining the reasonableness of the requested attorney’s fees and provides a copy of the written attorney fee agreement. (See id. at §§ 13, 17, Attachments 13a & 17a.) The Court finds that the requested attorney’s fees are reasonable, especially in light of the fact that the retainer agreement provides for payment of attorney’s fees of forty percent (40%). The Petitions indicates that Plaintiffs’ counsel is representing or employed by other parties and specifies the parties in Attachment 17e. (Id. at § 17e, Attachment 17e.)

The Petitions indicates that Claimants “suffered from bed bug bites, lack of sleep as well as allergies including running nose and coughs,” but has completely recovered from the effects of these injuries, and that there are no permanent injuries. (Id. at §§ 6, 8.) The Petitions indicates that Claimants were treated using over-the-counter treatments and were not treated by a medical doctor for his injuries. (Id. at § 7.)

The Court finds that the Petitions contain a full disclosure of all information that has any bearing upon the reasonableness of the settlement amount to Claimants and that the settlement amount to Claimants are reasonable given Claimants’ injuries and lack of medical expenses.

The Petitions request that the net proceeds be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the court. (Id. at § 18b.) As required, the name, branch, and address of each depository are specified in Attachment 18b(2). (Id. at Attachment 18b(2).)

Each Minor’s Compromise will require a separate Order Approving Compromise of Claim (MC-351) and Order to Deposit Funds in Blocked Account (MC-355).