Judge Teresa A. Beaudet, Case 19STCV41310 2022-08-18 Tentative Ruling

PATRICIA CLEARE, et al., Plaintiffs, vs. WATTS ATHENS VILLAGE LP, et al., Defendants.	Case No.:	19STCV41310
	Hearing Date:	August 18, 2022
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: (3) PETITIONS TO APPROVE MINOR’S COMPROMISE OF PENDING ACTION

On November 15, 2019, plaintiffs Altheria Jones (“Jones”), an individual; Jyair Lambey (“Lambey”), a minor by and through his guardian ad litem Jones; Alshanika Franklin (“Franklin”), an individual; and Herschel White (“White”), a minor by and through his guardian ad litem Franklin, among others, filed the instant action against Defendants Watts Athens Village LP and Watts/Athens Preservation XVII LP. On February 4, 2020, the operative First Amended Complaint was filed, and Tanisha Mitchell (“Mitchell”) an individual, and Logan Jemel Yarbough-Smith (“Yarbough-Smith”), minor by and through his guardian ad litem Mitchell, were added as plaintiffs, among others.

The foregoing parties have reached a settlement in this matter, and Jones as Petitioner for Claimant Lambey, Franklin as Petitioner for Claimant White, and Mitchell as Petitioner for Claimant Yarbough-Smith now petition for the Court’s approval of the settlement on behalf of each of the claimants.

An enforceable settlement of a minor’s claim can only be consummated with court approval. (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. (CRC 7.950.)

Here, the petitions are prepared on form MC-350 and are verified by the petitioners. However, the Court notes a variety of defects with the petitions for Claimant White and Claimant Yarbough-Smith.

With regard to petition for Claimant White, form MC-350 lists conflicting settlement amounts. Item 11(a) of form MC-350 indicates that the total amount offered by all defendants is $1,000.00. Item 17(f) indicates that the balance of proceeds of the settlement available for White after payment of all fees and expenses is $711.90, and Attachment 12 also indicates that the net settlement for White is $711.90. However, Item 11(c) indicates that the balance of $3,559.49 will be deposited in a blocked account with JP Morgan Chase Bank. Item 19(b)(2) also indicates that $3,559.49 will be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only upon the authorization of the court. In addition, Item 17(c) appears to list the incorrect amount of attorney fees to be paid by White.

With regard to petition for Claimant Yarbough-Smith, form MC-350 also lists conflicting settlement amounts. Item 11(a) of form MC-350 indicates that the total amount offered by all defendants is $1,000.00. Item 17(f) indicates that the balance of proceeds of the settlement available for Yarbough-Smith after payment of all fees and expenses is $711.90, and Attachment 12 also indicates that the net settlement for Yarbough-Smith is $711.90. However, Item 11(c) indicates that the balance of $3,559.49 will be deposited in a blocked account with JP Morgan Chase Bank. Item 19(b)(2) also indicates that $3,559.49 will be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only upon the authorization of the court. In addition, Item 11(c) appears to list the incorrect amount of attorney fees to be paid by Yarbough-Smith. Lastly, the Court notes that a Legal Services Agreement is included as Attachment 18a to Yarbough-Smith’s petition, but the agreement does not appear to contain signatures for Mitchell or Yarbough-Smith.

The Court finds that the settlement appears fair and reasonable and in the best interests of Claimant Lambey.

Based on the foregoing, the petitions for minor’s compromise for Claimant White and Claimant Yarbough-Smith are denied without prejudice.

The Court intends to grant the petition for Claimant Lambey and approve the compromise, subject to plaintiffs’ examination of Petitioner Jones at the hearing.

Superior Court of California

County of Los Angeles

Department 50