Judge: Theresa M. Traber, Case: 20STCV45690, Date: 2022-10-11 Tentative Ruling

Case Number: 20STCV45690    Hearing Date: October 11, 2022    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     October 11, 2022                   TRIAL DATE: NOT SET

CASE:                         Kimberly Hill et al. v. Sylvana Gusich Kaliterna

CASE NO.:                 20STCV45690           

PETITION TO APPROVE MINOR’S COMPROMISE OF PENDING ACTION

MOVING PARTY:               Plaintiff Kimberly Hill, individually and as Guardian ad Litem for Raivynn Michelle Hill

RESPONDING PARTY(S): No opposition on eCourt as of 10/7/22

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiffs allege in their November 30, 2020 Complaint that they were subjected to uninhabitable conditions in an apartment building owned by Defendant Sylvana Gusich Kaliterna.

Petitioners bring a petition to approve a minor’s compromise of the pending action.

TENTATIVE RULING:

The Petition for Approval of Minor’s Compromise of the Pending Action is GRANTED.

DISCUSSION:

Petitioner Kimberly Hill, as parent and Guardian ad Litem of the minor claimant Raivynn Michelle Hill (age 6), seeks approval of the minor’s compromise with Defendant Sylvana Gusich Kaliterna.

Legal Standard

Court approval is required for all settlements of a minor’s claim or that of a person lacking the capacity to make decisions.  (Prob. Code, §§ 2504, 3500, 3600 et seq.; Code Civ. Proc., § 372; see Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337.)  “[T]he protective role the court generally assumes in cases involving minors, [is] a role to assure that whatever is done is in the minor’s best interests . . . .  [I]ts primary concern is whether the compromise is sufficient to provide for the minor’s injuries, care and treatment.”  (Goldberg v. Superior Court (1994) 23 Cal.App.4th 1378, 1382.)   

A petition for court approval of a compromise or covenant not to sue under Code of Civil Procedure section 372 must comply with California Rules of Court Rules 7.950, 7.951, and 7.952.  The petition must be verified by the petitioner and contain a full disclosure of all information that has “any bearing upon the reasonableness” of the compromise or the covenant.  (Cal. Rules of Court, rule 7.950.)  The person compromising the claim on behalf of the minor or person who lacks capacity, and the represented person, must attend the hearing on compromise of the claim unless the court for good cause dispenses with their personal appearance.  (Cal. Rules of Court, rule 7.952(a).)  An order for deposit of funds of a minor or person lacking decision-making capacity and a petition for the withdrawal of such funds must comply with California Rules of Court Rules 7.953 and 7.954.  (Cal. Rules of Court, rule 3.1384; see also Super. Ct. L.A. County, Local Rules, rules 4.115-4.118.) 

Form MC-350 (Rev. January 1, 2021):

The petition has been verified by Petitioners and presented on a fully completed mandatory Judicial Council Form MC-350, using the current January 1, 2021 revision. (Cal. Rule of Court Rule 7.950.)

Settlement:

Pursuant to the settlement with Defendant Kaliterna, the sole minor petitioner will receive $10,000. (Petition ¶ 11b(5), Attachment 10c.) The adult claimant, Kimberly Hill, will receive $240,000 (Id.)

This small amount of recovery for the minor petitioner appears to be justified because the child suffered minor temporary symptoms such as allergic reactions and asthma attacks, which has been and can be treated with medication with which she has been prescribed. (Petition at ¶ 7-8.)

Attorney’s Fees

The retained attorney’s information has been disclosed as required by Rule of Court 7.951. (Petition ¶ 18b.)  There is an agreement for services provided in connection with the underlying claim. (Petition ¶ 18a(2).)  A copy of the agreement was submitted with the Petitions as required by Rule of Court 7.951(6). (Attach. 17c)

            Petitioner’s counsel is not seeking to recover any pro rata portion of attorney’s fees from the minor claimants. (Petition ¶ 14a.)  Because counsel is not seeking to recover attorney’s fees, a declaration addressing the reasonableness of the fees accounting for the factors specified in Rule of Court 7.955(b) is not required by Rule 7.955(c). (See Cal. Rules of Court Rule 7.995(b) [setting forth fourteen factors that the court may consider in determining reasonable attorney’s fees].)

Medical Bills:

            The minor claimaint incurred $3,161.15 in medical expenses, of which $1,225.00 was paid. (Petition ¶ 12a (1)-(2).) None of the existing medical expenses are to be paid or reimbursed from the proceeds, nor are there any reductions or liens. (Petition ¶ 12a (3)-(5).)

Costs

            No costs are to be recovered from the minor claimant. (Petition ¶ 14.)

Amount to Be Paid to Minor:

The net amount to be paid to the minor claimant is $10,000. (Petition ¶ 17f.)

Court Appearance:

            California Rule of Court 7.952 requires attendance by the petitioner and claimant unless the court for good cause dispenses with their personal appearance. The Court finds that the appearance of claimant Raivynn Michelle Hill is not required due to her age.

Prognosis:

            The minor claimant is no longer exposed to mold in the subject apartment but is allergic to several other allergens not relevant to this case, and her asthma persists. (Petition ¶ 8b.) However, the minor claimant is prescribed inhalers and medication to manage her condition, and the adult Petitioner knows what environmental triggers to avoid. (Id.)

Disposition of Balance of Proceeds:

            The petition states that the proceeds will be paid or delivered to the parent of the minor and that the name and address of the parent and the money to be delivered are specified in attachment 18b(2). (Petition ¶ 18b(2).) Attachment 18b(2) states that the proceeds will be delivered by check payable to Kimberly Hill for the full $10,000. Thereafter, Petitioner must deposit the check into a blocked account at Navy Federal Credit Union located at 5360 Rosecrans Avenue, Hawthorne, CA 90250 to be opened at that time by Petitioner. (Attach. 18b(2).)The beneficiary will be the minor claimant Raivynn Michelle Hill. (Id.) The payment will accompany a Receipt and Acknowledgment of Order for Deposit of Funds into Blocked Account, which will subsequently be filed with the Court. (Id.)

//

Proposed Order MC-351:

            Petitioners have filed a Proposed Order Form MC-351 for the minor claimant.

            Considering the injuries suffered by the minor Plaintiff, the Court finds the settlement to be fair and adequate. As the petition is procedurally in order, the Petition for Approval of Minor’s Compromise is GRANTED.

CONCLUSION:

Accordingly, The Petition for Approval of Minor’s Compromise of the Pending Action is GRANTED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated: October 11, 2022                                 ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.