Judge: Teresa A. Beaudet, Case: 22STCV11611, Date: 2022-09-06 Tentative Ruling

Case Number: 22STCV11611    Hearing Date: September 6, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Background

            On April 6, 2022, Plaintiffs Veronica Rivera Mendiola (“Mendiola”), an individual; Yair Ramos Rivera, an individual; Cirenio Lopez Bailon, an individual; and Eduardo Benjamin Lopez, a minor by and through his guardian ad litem Mendiola, filed the instant action against Defendant Sola Real Estate Fund I, LLC.   

The parties have reached a settlement in this matter, and Mendiola as Petitioner for Claimant Eduardo Benjamin Lopez (“Claimant”) now petitions for the Court’s approval of the settlement on behalf of Claimant.

            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 petition is prepared on form MC-350 and is verified by the Petitioner. However, the Court notes a number of defects with the petition.

First, no proof of service was filed with the petition or the proposed order (Form MC-351).  

Second, in Item 1 of the petition and Item 2 of the proposed order, Petitioner’s name appears to be misspelled. The name “VERNOCIA RIVERA MENDIOLA” is listed.

Third, although Petitioner indicates in Item 17(c) of the petition that that it “has” received attorney’s fees or other compensation in addition to that requested in the petition for services provided in connection with the claim giving rise to the petition, Petitioner did not “identify the person who paid the fees or other compensation, the amounts paid, and the dates of payment.”

Fourth, Petitioner checked Item 18(b)(5) of the petition, which provides that $4,904.60 is to “be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402. The name and address of the parent and the money or other property to be delivered are specified in Attachment 18b(5). (Value of minor’s entire estate, including the money or property to be delivered, must not exceed $5,000.)”

The Court notes that pursuant to Probate Code section 3401, subdivision (c), “[t]his section applies only if both of the following requirements are satisfied: (1) The total estate of the minor, including the money and other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value. (2) The parent to whom the money or other property is to be paid or delivered gives the person making the payment or delivery written assurance, verified by the oath of such parent, that the total estate of the minor, including the money or other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.” Attachment 18(b)(5) to the petition does not indicate whether the total estate of the Claimant, including the money or other property to be paid or delivered to the parent, exceeds $5,000 in value.

Lastly, Item 1(c) of the proposed order lists the incorrect Judicial Officer.

///

            Conclusion

Based on the foregoing, the petition is denied without prejudice.   

Petitioner is to give notice of this ruling.

DATED:  September 6, 2022                         ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court