Judge: Teresa A. Beaudet, Case: 22STCV11611, Date: 2022-09-30 Tentative Ruling

Case Number: 22STCV11611    Hearing Date: September 30, 2022    Dept: 50

 

 

Superior Court of California

County of Los Angeles

Department 50

 

VERONICA RIVERA MENDIOLA, et al.,

 

                        Plaintiffs,

            vs.

SOLA REAL ESTATE FUND I, LLC, et al.,

 

                        Defendants.

Case No.:

  22STCV11611

Hearing Date:

September 30, 2022

Hearing Time:

10:00 a.m.

[TENTATIVE] ORDER RE: 

 

PETITION TO APPROVE MINOR’S COMPROMISE OF PENDING ACTION

           

            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 (collectively, “Plaintiffs”) filed the instant action against Defendant Sola Real Estate Fund I, LLC.   

The parties have reached a settlement in this matter. Mendiola as Petitioner for Claimant Eduardo Benjamin Lopez (“Claimant”) filed a petition for the Court’s approval of the settlement on behalf of Claimant, which came for hearing on September 6, 2022. The Court issued an Order on September 6, 2022 denying the petition without prejudice, due to various deficiencies found in the petition. On September 7, 2022, Petitioner filed an amended petition.

            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.)

The fist amended petition is prepared on form MC-350 and is verified by the Petitioner. The Court notes that the majority of the defects identified by the Court in the September 6, 2022 Order have been corrected. However, the Court notes that Item 17(c) of the first amended petition is blank.

            Conclusion

Based on the foregoing, the Court intends to grant the first amended petition and approve the compromise, subject to Petitioner filing a corrected petition prior to the hearing that corrects the defect identified above, and subject to Plaintiffs’ examination of Petitioner at the hearing.  

Petitioner is to give notice of this ruling.

 

DATED:  September 30, 2022                       ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court