Judge: Stephen P. Pfahler, Case: 20CHCV00710, Date: 2022-09-16 Tentative Ruling

Case Number: 20CHCV00710    Hearing Date: September 16, 2022    Dept: F49

Dept. F-49

Date: 9-16-22

Case #20CHCV00710

MINORS COMPROMISE

MOVING PARTY:    Plaintiff, Maryann Gaona

MINORS NAME:      Daniel Gaona

RESPONDING PARTY: Unopposed/Defendant, 8555 Balboa Company, LLC, et al.

RELIEF REQUESTED

Minors Compromise

SUMMARY OF ACTION

Plaintiffs Maryann Gaona, et al. were residents of 8555 Balboa Blvd., Unit 15. The property is owned and/or managed by Defendant Perry Stone and Jesus Gonzalez. Plaintiffs allege substandard conditions in the apartment, including mold, defective plumbing, inadequate ventilation, defective electrical wiring, inoperable smoke detectors, and insect infestation.

On November 13 2020, Plaintiffs filed a complaint for Negligence, Breach of Warranty of Habitability, Breach of Covenant of Quiet Enjoyment, Premises Liability (Negligence Per Se), Nuisance, Intentional Infliction of Emotional Distress, and Constructive Eviction.

RULING: Granted.

Plaintiffs settled with defendants 8555 Balboa Company, LLC and Perry Stone for $62,000--$61,400 to Maryann Gaona, $300 to Mia Gaona, and $300 to Daniel Gaona. Counsel seeks $75 (25%) in attorney fees and waives costs. Counsel will take $24,560 in fees (40%), and $6,998.95 in costs, from the $61,400 payment to Maryann Gaona

The apportionment represents a pro rata split based on rents paid. The minors paid no rent, and therefore the damages only represent “discomfort.” The $225 payment will be made to Maryann Goana.

The motion is granted. The $225 payment to be provided to parent, Maryann Goana. (Probate Code § 3401, 3611, subd. (a).)

Moving party to provide notice.

Dept.
F-49

Date:
9-16-22

Case
#20CHCV00710

MINORS COMPROMISE

MOVING
PARTY:    Plaintiff, Maryann Gaona

MINORS NAME:      Mia
Gaona

RESPONDING
PARTY: Unopposed/Defendant, 8555 Balboa Company, LLC, et al.

RELIEF
REQUESTED

Minors
Compromise

SUMMARY
OF ACTION

Plaintiffs
Maryann Gaona, et al. were residents of 8555 Balboa Blvd., Unit 15. The
property is owned and/or managed by Defendant Perry Stone and Jesus Gonzalez.
Plaintiffs allege substandard conditions in the apartment, including mold,
defective plumbing, inadequate ventilation, defective electrical wiring,
inoperable smoke detectors, and insect infestation.

On
November 13 2020, Plaintiffs filed a complaint for Negligence, Breach of
Warranty of Habitability, Breach of Covenant of Quiet Enjoyment, Premises
Liability (Negligence Per Se), Nuisance, Intentional Infliction of Emotional
Distress, and Constructive Eviction.

RULING: Granted.

Plaintiffs settled with defendants 8555 Balboa Company, LLC and
Perry Stone for $62,000--$61,400 to Maryann Gaona, $300 to Mia Gaona, and $300
to Daniel Gaona. Counsel seeks $75 (25%) in attorney fees and waives costs.
Counsel will take $24,560 in fees (40%), and $6,998.95 in costs, from the
$61,400 payment to Maryann Gaona

The apportionment represents a pro rata split based on rents
paid. The minors paid no rent, and therefore the damages only represent
“discomfort.” The $225 payment will be made to Maryann Goana.

The motion is granted. The $225 payment to be provided to
parent, Maryann Goana. (Probate Code § 3401, 3611, subd. (a).)

Moving
party to provide notice.