Judge: Teresa A. Beaudet, Case: 21STCV24498, Date: 2022-12-05 Tentative Ruling

Case Number: 21STCV24498    Hearing Date: December 5, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Background

On July 1, 2021, Plaintiffs Berenice G. Gutierrez, individually and as Guardian ad Litem for Fernanda Gutierrez Gil, a minor child; Kerygma Gutierrez-Gil, a minor child; Getsemani Gutierrez-Gil, a minor child; Raul Gutierrez, an individual; Sergio A. Fonseca Ramirez, individually and as Guardian ad Litem for Israel Jordan Fonseca, a minor child; Benjamin Moises Fonseca, a minor child; Sergio Fonseca, a minor child; Ashely Fonseca, a minor child; Juan Pablo Rivera Hernandez, an individual; and Raquel Hernandez-Sosa, an individual (collectively, “Plaintiffs”) filed this action on July 1, 2021, against Defendants Lynwood Del Capri, L.P. and Rao R. Yalamanchili. Plaintiffs filed the operative First Amended Complaint on March 8, 2022. 

The foregoing parties have reached a settlement in this matter, and Berenice G. Gutierrez as Petitioner for Claimants Fernanda Gutierrez Gil and Kerygma Gutierrez-Gil; and Sergio A. Fonseca Ramirez as Petitioner for Claimants Ashely Fonseca, Benjamin Moises Fonseca, and Israel Jordan Fonseca now petition for the Court’s approval of the settlement on behalf of each of the claimants.[1]

            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. However, the Court notes a variety of defects with the petitions.

            As to all of the petitions, Attachments 11b(3), 13a, and 18b(3) were not provided. With regard to Attachment 13a, the Court notes that pursuant to Cal. Rules of Court, rule 7.955, subdivision (a)(1), “[i]n all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney’s fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.” Pursuant to Cal. Rules of Court, rule 7.955, subdivision (c), “[a] petition requesting court approval and allowance of an attorney’s fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” (Emphasis added.) In addition, as to all of the petitions, petitioners did not provide Attachment 8b(2) to the proposed Orders Approving Compromise of Claim or Action (Form MC-351).

            With regard to the petition for Claimant Ashely Fonseca, no proof of service was filed in connection with the petition. In addition, it is unclear why Item 4 of the proposed Order to Deposit Funds in Blocked Account (Form MC-355) indicates that $7,500.00 is the total amount authorized for deposit. The petition indicates that the net balance of the proceeds of the proposed settlement for Ashely Fonseca after the payment of the requested fees is $15,000.00.  

            With regard to the petitions for Claimants Fernanda Gutierrez Gil, Kerygma Gutierrez-Gil, Benjamin Moises Fonseca, and Israel Jordan Fonseca, no proof of service of the proposed orders for the petitions was filed. In addition, Item 16 of the petitions for these claimants (Form MC-350) indicates that the balance of the settlement proceeds available for each claimant after payment of all fees is $10,000. However, $16,668.00 (the gross amount of the proceeds of  settlement for each claimant) minus $6,667.20 (attorney’s fees to be paid from the settlement) is $10,000.80. Lastly, Item 8(a)(1) of Forms MC-351 for Claimants Fernanda Gutierrez Gil, Kerygma Gutierrez-Gil, Benjamin Moises Fonseca, and Israel Jordan Fonseca indicate that attorney’s fees in the amount of “6667,20” are payable to counsel.

            Conclusion

Based on the foregoing, the petitions for minor’s compromise are denied without prejudice.

Petitioners are to give notice of this ruling.

DATED:  December 5, 2022                          ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court