Judge: Teresa A. Beaudet, Case: 19STCV41310, Date: 2022-08-25 Tentative Ruling

Case Number: 19STCV41310    Hearing Date: August 25, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Background

            On November 15, 2019, plaintiff 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 Franklin as Petitioner for Claimant White, and Mitchell as Petitioner for Claimant Yarbough-Smith petition for the Court’s approval of the settlement on behalf of each of the claimants. On August 18, 2022, the Court issued a minute order indicating, inter alia, that, “[t]he Court finds that that the settlement as to Herschel White, a minor by and through his guardian ad litem Franklin, and as to Logan Jemel Yarbough-Smith, a minor by and through his guardian ad litem Mitchell appears fair and reasonable and in the best interests of the minors. The petitions of minor claimants White and Yarbough-Smith will be granted once their counsel files revised papers on or before 08/23/22 with courtesy copies lodged in Department 50.”[1]

On August 22, 2022, Franklin as Petitioner for Claimant White and Mitchell as Petitioner for Claimant Yarbough-Smith filed revised petitions.

            Discussion

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. The defects previously identified by the Court as to the petitions for Claimant White and Claimant Yarbough-Smith have been corrected in the revised petitions.        

Conclusion

Based on the foregoing, the petitions for minor’s compromise for Claimant White and Claimant Yarbough-Smith are granted. The Court’s August 18, 2022 minute order provides, inter alia, that if the proper documents are received prior to the continued August 25, 2022 hearing, “the Court will sign the relevant orders and the hearing will go off calendar. Defendant agreed to all of the above.”

Thus, the Court will sign the proposed orders submitted on July 14, 2022 for Claimant White and Claimant Yarbough-Smith. No hearing will take place on August 25, 2022.

Petitioners are to give notice of this ruling.

DATED:  August 25, 2022                             ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court