Judge: Teresa A. Beaudet, Case: BC705932, Date: 2023-12-01 Tentative Ruling

Case Number: BC705932    Hearing Date: December 21, 2023    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            Background

            On May 10, 2018, Plaintiffs Elizabeth Noemy Zetino, Jessica Ivonne Zetino Morales, and Harlynn Amerylise Zetino Lopez, a minor, by and through her Guardian ad Litem, Elizabeth Noemy Zetino (collectively, “Plaintiffs”) filed the instant action against Defendants 15025 Saticoy Street, Inc. and Anza Management Company.

Plaintiffs filed the operative First Amended Habitability Complaint (“FAC”) on September 11, 2019 against Defendants 15025 Saticoy Street, Inc., Anza Management Company, and J.K. Residential Services, Inc. The FAC alleges causes of action for (1) violation of Civil Code section 1942.4, (2) tortious breach of the warranty of habitability, (3) private nuisance, (4) Business & Professions Code § 17200 et seq., and (5) negligence.

The parties have reached a settlement in this matter. Elizabeth Noemy Zetino as Petitioner for Claimant Harlynn Amerylise Zetino Lopez (“Petitioner”) now petitions for the Court’s approval of the settlement on behalf of the Claimant. 

On December 1, 2023, the Court issued a minute order in this action providing, inter alia, that “[h]ere, the petition is prepared on form MC-350 and is verified by the Petitioner. However, the Court notes that Item 14 of the petition (Form MC-350) is blank…Based on the foregoing, the Court intends to grant the petition and approve the compromise, subject to Petitioner filing a corrected Form MC-350 prior to the hearing that corrects the defect identified above, and subject to Plaintiffs’ examination of Petitioner at the hearing. On the Court’s own motion, the Hearing on Petition to Confirm Minor’s Compromise scheduled for 12/01/2023 is continued to 12/14/23…The minor does not need to be present on the above continued date.” On November 30, 2023, Petitioner filed a revised petition.

On December 14, 2023, the Court issued a minute order providing, inter alia, that “Plaintiff’s Counsel is to submit a new complete Petition to Confirm Minor’s Compromise by December 18, 2023. On the Court’s own motion, the…Hearing on Petition to Confirm Minor’s Compromise scheduled for 12/14/2023 [is] continued to 12/21/23…” On December 18, 2023, Petitioner filed a revised Petition to Confirm Minor’s Compromise and supporting papers.

            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. (California Rules of Court, rule 7.950.) 

Here, the petition is prepared on form MC-350 and is verified by the Petitioner. The defect previously identified by the Court in the Court’s December 1, 2023 minute order has been corrected in the revised petition.

            Conclusion

Based on the foregoing, the Court intends to grant the revised petition and approve the compromise, subject to Plaintiffs’ examination of Petitioner at the hearing.

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Petitioner is to give notice of this ruling.

DATED:  December 21, 2023                        ________________________________

Hon. Rolf M. Treu

Judge, Los Angeles Superior Court