Judge: Teresa A. Beaudet, Case: 23STCV25384, Date: 2025-02-28 Tentative Ruling
Case Number: 23STCV25384 Hearing Date: February 28, 2025 Dept: 50
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FUIVIA MANZANARES, et al., Plaintiffs, vs. ARMANDO V CHAVEZ, et al., Defendants. |
Case No.: |
23STCV25384 |
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Hearing Date: |
February 28, 2025 |
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Hearing Time: 10:00 a.m. [TENTATIVE]
ORDER RE: PETITIONS TO APPROVE MINOR’S COMPROMISE OF
PENDING ACTION (3) |
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Background
Plaintiffs Fuivia
Manzanares; Yesica Mosqueda; Damian Morales, a minor by and through his
Guardian Ad Litem, Fuivia Manzanares; Fernando Arellano, a minor by and through
his Guardian Ad Litem, Fuivia Manzanares; and Hazel Henriquez, a minor by and
through his Guardian Ad Litem, Fuivia Manzanares (collectively, “Plaintiffs”)
filed this action on October 18, 2023 against Defendants Armando V Chavez and
Maria J Chavez.
The Complaint alleges
causes of action for (1) breach of implied warranty of habitability, (2) breach
of statutory warranty of habitability, (3) breach of the covenant of quiet
enjoyment, (4) negligence, (5) violation of Civil Code section 1942.4, (6)
private nuisance, (7) violation of City of Los Angeles tenant anti-harassment
ordinance, and (8) violation of Business and Professions Code section
17200.
A settlement has been reached in this case. Fuivia Manzanares as Petitioner for
Claimants Damian Morales, Fernando Arellano, and Hazel Henriquez now petitions
for the Court’s approval of the settlement on behalf of each of the Claimants.
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 petitions are prepared on Form
MC-350 and are verified by Petitioner. The Court
finds that the settlement is reasonable.
Conclusion
Based on the foregoing, the Court intends to grant the
petitions and approve the compromise, subject to Plaintiffs’ examination of
Petitioner at the hearing.¿¿
Petitioner is to
give notice of this Order.
DATED: February 28, 2025 ________________________________
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court