Judge: Theresa M. Traber, Case: 21STCV29813, Date: 2023-04-19 Tentative Ruling

Case Number: 21STCV29813    Hearing Date: April 19, 2023    Dept: 47

Tentative Ruling 

Judge Theresa M. Traber, Department 47 

HEARING DATE:     April 19, 2023                                            TRIAL DATE:  Not set. 

CASE:                         Matthew Chronister, et al. v. Robin St George Richards, et al. 

CASE NO.:                     21STCV29813

(1)   Petition to Confirm Minor’s Compromise re: Claimant Samantha Salazar

(2)   Petition to Confirm Minor’s Compromise re: Claimant Athena Chronister

MOVING PARTY:               Petitioner Jeanette Maria Salazar, on behalf of minor claimant Samantha Salazar

RESPONDING PARTY(S): No opposition on eCourt as of April 12, 2023  

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: 

Plaintiffs Matthew Chronister, Ruth Alexandra Lopez Salazar, Jeanette Maria Salazar, Michael Salazar, Caroline Salazar, Athena Chronister, and Samantha Salazar (collectively “Plaintiffs”) filed a complaint on August 12, 2021 against Defendants Robin St George Richards, Teresita Ivet Richards, and Jonathan Lawrence Gallagher (collectively “Defendant”). The operative pleading, the November 30, 2022 First Amended Complaint, alleges seven causes of action: (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) private nuisance; (6) violation of the long breach tenant anti-harassment ordinance; and (7) violation of Civil Code section 1942.4.

The parties have settled.

Petitioner Jeanette Maria Salazar petitions to confirm a minor’s compromise as to Claimant Samantha Salazar.

Petitioner Matthew Chronister petitions to confirm a minor’s compromise as to Claimant Athena Chronister.

TENTATIVE RULING: 

(1)   Petition to Confirm Minor’s Compromise re: Claimant Samantha Salazar is GRANTED, provided that Petitioners file corrected petitions within five days of this order. 

(2)    Petition to Confirm Minor’s Compromise re: Claimant Athena Chronister is GRANTED, provided that Petitioners file corrected petitions within five days of this order. 

DISCUSSION 

Petitions to Approve Minor’s Compromise 

“[T]he protective role the court generally assumes in cases involving minors [is] . . . to assure that whatever is done is in the minor’s best interests. The court functions similarly in approving a minor’s compromise where its 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.) 

Petitioner Jeanette Maria Salazar seeks approval of minor’s compromise with Defendants on behalf of her child, Claimant Samantha Salazar, aged 7.

Petitioner Matthew Chronister seeks approval of minor’s compromise with Defendants on behalf of his child, Claimant Athena Chronister, aged 4.

Petitioners Jeanette Maria Salazar and Matthew Chronister and Claimants Samantha Salazar and Athena Chronister are represented by the same counsel.  The Petitions are the same except for names and addresses. Therefore, the Petitions are addressed together.

FORM MC-350 (REV. JANUARY 1, 2021): 

The Petitions are verified by Petitioners and presented on a mandatory Judicial Council Form MC-350. (CRC Rule 7.950.)

However, the Petitions contains the following deficiencies. First, the amount of total expenses (other than medical) is incorrectly stated in item 14b. Second, the gross amount of proceeds of the settlement is missing in item 17a. Third, the amount of total fees and expenses to be paid from proceeds of the settlement is incorrectly stated in item 17e. Fourth, item 18f is incorrectly checked because counsel is expecting fees and other compensation from other Plaintiffs. 

SETTLEMENT: 

Pursuant to the settlement with Defendants, the minor Claimants will receive $10,000 each. (Petitions item 11.) The amount offered to the adult Plaintiffs is $45,700. (Ibid.) The total amount offered by all Defendants to the Plaintiffs is $248,500.  (Petitions item 12b(1); attachment 12.)

The lesser recovery to the minor Claimants appears to be justified, given that they were not treated by a medical doctor for their symptoms or injuries, and they have completely recovered.  (Petitions items 7-9.) 

FEES, COSTS, and AMOUNT PAID: 

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

Petitioners’ counsel is seeking to recover from each Claimant $2,440.04 in attorney’s fees and $239.84 in expenses (other than medical) for a total of $2,679.88. (Petitions items 17c.,d, and e.) After the total of fees and expenses are deducted from the $10,000 settlement, the balance is $7,320.12. (Petitions item 17f.)

Having reviewed counsel’s declaration, the Court finds that counsel has sufficiently addressed the applicable factors listed in Rule 7.955(b) as required by CRC Rule 7.955(c). (Petitions item 14; Attachment 14a, Chapman Decl.) 

MEDICAL BILLS: 

None. (Petitions item 13.) 

COURT APPEARANCE 

Pursuant to CRC 7.952, Claimants and Petitioners must appear at the hearing on this matter unless the Court finds good cause to excuse their appearance. The Court finds Claimants’ age constitutes good cause to excuse their appearance. Petitioners only are required to appear.

PROGNOSIS 

Claimants have recovered completely from the effects of the injuries and there are no permanent injuries. (Petitions item 9a.) 

DISPOSITION OF BALANCE OF PROCEEDS 

The proceeds will be deposited in insured accounts, subject to withdrawal only upon authorization of the Court; the financial institution’s name, branch, and address are specified in Attachment 19b(3). (Petitions item 19b(2); Attachment 19b(3).)

Here, considering the nature of the injuries suffered by the Claimants, the Court finds the settlement to be fair and adequate.  However, the Petitions contain the deficiencies addressed above.

Accordingly, the Petitions for approval of minor’s compromise are GRANTED, provided that Petitioners file corrected petitions within five days of this order.   

Petitioners to give notice, unless waived. 

Dated:   April 19, 2023                                           ___________________________________ 

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.