Judge: Teresa A. Beaudet, Case: 20STCV47819, Date: 2024-10-17 Tentative Ruling
Case Number: 20STCV47819 Hearing Date: October 17, 2024 Dept: 50
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NORMA CERVANTES HERNANDEZ,
et
al. Plaintiffs, vs. FOOTHILL VISTA APARTMENTS, L.P.,
et
al. Defendants. |
Case No.: |
20STCV47819 |
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Hearing Date: |
October 17, 2024 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE]
ORDER RE: PETITION TO APPROVE MINOR’S COMPROMISE OF
PENDING ACTION (2) |
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Background
On December 15, 2020,
Plaintiffs Norma Cervantes Hernandez; Joseph David Silva Cervantes, a minor, by
and through his Guardian ad Litem, Norma Cervantes Hernandez; Edgar Reyes
Espinoza; Marialuz Reyes Cervantes; and Dylan Reyes Cervantes, a minor, by and
through his Guardian ad Litem, Marialuz Reyes Cervantes (collectively,
“Plaintiffs”) filed this action against Defendants Foothill Vista Apartments,
L.P. and Peter Wang. The Complaint alleges causes of action for (1) violation
of Civil Code section 1942.4, (2) tortious breach of
the warranty of habitability, (3) private nuisance, (4) Business
and Professions Code section 17200, et seq., and (5)
negligence.
The parties have reached a settlement in this matter. Marialuz Reyes Cervantes as Petitioner
for Claimant Dylan Reyes Cervantes and Norma Cervantes Hernandez as Petitioner
for Joseph David Silva Cervantes (jointly, “Petitioners”) now petition for
the Court’s approval of the settlement on behalf of both of the Claimants.
Discussion
An enforceable settlement of a minor’s claim can only be consummated
with court approval. (Prob. Code, § 3500.) “A petition for court approval of a compromise of, or a
covenant not to sue or enforce judgment, on a minor’s disputed claim; a
compromise or settlement of a pending action or proceeding to which a minor or
person with a disability is a party; or the disposition of the proceeds of a
judgment for a minor or person with a disability under Probate
Code sections 3500 and 3600-3613 or Code of Civil
Procedure section 372 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. Except as provided in 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).”
(Cal. Rules of Court, rule 7.950, emphasis in original.)
Both of the petitions are prepared on form
MC-350. The petition pertaining to Claimant Dylan Reyes Cervantes is verified by Petitioner Marialuz
Reyes Cervantes. The petition pertaining to Claimant Joseph David
Silva Cervantes is verified by Petitioner Norma Cervantes Hernandez. The Court finds that the settlement is reasonable.
Conclusion
Based
on the foregoing, the Court intends to grant the
petitions and approve the compromise, subject to Plaintiffs’ examination of Petitioners
at the hearing.¿¿
Petitioners are to
give notice of this ruling.
DATED: October 17, 2024 ________________________________
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court