Judge: Teresa A. Beaudet, Case: 22STCV11611, Date: 2022-10-14 Tentative Ruling
Case Number: 22STCV11611 Hearing Date: October 14, 2022 Dept: 50
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VERONICA RIVERA MENDIOLA, et
al., Plaintiffs, vs. SOLA REAL ESTATE FUND I, LLC, et
al., Defendants. |
Case No.: |
22STCV11611 |
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Hearing Date: |
October 14, 2022 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE] ORDER
RE: SECOND AMENDED PETITION TO APPROVE MINOR’S COMPROMISE OF PENDING ACTION |
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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. On September 30, 2022, the Court
issued an Order indicating that 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 in the September 30, 2022 Order, and subject to
Plaintiffs’ examination of Petitioner at the hearing. On September 30,
2022, Petitioner filed a second 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
second amended petition is prepared on form MC-350 and is verified by the
Petitioner. The Court notes that the defect
identified by the Court in the September 30, 2022 Order has been corrected.
Conclusion
Based
on the foregoing, the Court intends to grant the
second amended petition and approve the compromise, subject to Plaintiffs’
examination of Petitioner at the hearing.
Petitioner is to
give notice of this ruling.
DATED: October 14, 2022 ________________________________
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court