Judge: Stephen P. Pfahler, Case: 22CHCV00439, Date: 2023-04-19 Tentative Ruling

Case Number: 22CHCV00439    Hearing Date: April 19, 2023    Dept: F49

Dept. F-49

Date: 4-19-23

Case #22CHCV00439

MINORS COMPROMISE

PETITIONER:                        Sonya East

MINORS NAME:                  Neveah East

RESPONDING PARTY:       Unopposed/Defendant, Ricky R.E. Management, LLC, et al.

RELIEF REQUESTED

Minors Compromise

SUMMARY OF ACTION

Plaintiffs Sonya East, et al. were residents of 8601 International Ave., Unit 102. The property is owned and/or managed by defendants Ricky R.E. Management, LLC, Village Park Condominium Association, Inc., et al. Plaintiffs allege substandard conditions in the unit, including mold, defective plumbing, insect infestation, lack of water, excessive garbage, insufficient maintenance, and lack of security.

On June 15 2022, Plaintiffs filed a complaint for Breach of Contract, Breach of Implied Warranty of Habitability, Intentional Infliction of Emotional Distress, Negligence, and Nuisance. Ricky R.E. Management, LLC answered the complaint on August 22, 2022. On October 5, 2022, Plaintiffs dismissed Icon Realty Services, Inc. and Village Park Condominium Association, Inc. On December 13, 2022, Ricky R.E. Management, LLC filed a cross-complaint for indemnity, contribution and declaratory relief against Village Park Condominium Association, Inc.

RULING: Granted.

Plaintiffs settled with defendants Village Park Condominium Association, Inc. and Ricky R.E. Management, LLC for $100,000--$75,000 to Sonya East, and $5,000 each to Arturo Del Rio, Dominick Del Rio, Neveah East, Angelina East, and David East. Counsel seeks $34,000 (34%) in attorney fees and waives costs. Counsel will take $30,000 in fees from Sonya East, and $2,000 each from Arturo Del Rio, and Dominick Del Rio.

It’s not stated in the application how the apportionment was determined. The settlement for claimant reflects no permanent conditions, as a result of conditions in the premises.

The petition of claimant Angelina East is granted. The $5,000 payment to be provided to parent, Sonya East. (Probate Code § 3401, 3611, subd. (a).)

OSC re: Dismissal (Settlement) set for July 17, 2023.

Moving party to provide notice.