Judge: Teresa A. Beaudet, Case: 23STCV23483, Date: 2025-01-17 Tentative Ruling

Case Number: 23STCV23483    Hearing Date: January 17, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On September 27, 2023, Plaintiffs Candy Mejia, Melissa Hernandez, and Walter Mansilla, a minor by and through his Guardian ad Litem Candy Mejia filed this action against Defendants 4840 Rosewood, LLC and Behzad Ben Beroukhai, individually and as Trustee of the 2007 Behzad Beroukhai Revokable Trust. The Complaint alleges causes of action for (1) tortious breach of warranty of habitability, (2) breach of covenant of quiet enjoyment, (3) nuisance (negligence), (4) negligent infliction of emotional distress, (5) negligent maintenance of the premises, (6) nuisance (intentional tort), and (7) intentional infliction of emotional distress.

The parties have reached a settlement in this matter. Candy Mejia as Petitioner for Claimant Walter Mansilla (“Petitioner”) now petitions for the Court’s approval of the settlement on behalf of the Claimant.   

            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.)  

Here, the petition is prepared on forms MC-350 and is verified by Petitioner. The Court finds that the settlement is reasonable. However, the Court notes that although Item 11(b)(5) of the Petition (Form MC-350) provides that “[a]dditional plaintiffs or claimants and amounts are listed on Attachment 11b(5),” no Attachment 11b(5) appears to have been provided.

            Conclusion

Based on the foregoing, the Court intends to grant the petition and approve the compromise, subject to Petitioner correcting the defect identified above, and subject to Plaintiffs’ examination of Petitioner at the hearing.¿¿ 

Petitioner is ordered to give notice of this Order.  

DATED:  January 17, 2025                            ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court