Case Number: BC488811    Hearing Date: July 28, 2014    Dept: 34

Moving Party: Claimants Abraham Emmanuel Mauricio-Hernandez; Sofia Nicole Zometa; Bryan Wilfredo Hernandez-Leon; Kevin Armando Rabanales Barrios; and Daisy Dayana Rabanales

Resp. Party: None

The petitions to approve the claimants’ compromise of disputed claims are GRANTED.

BACKGROUND:

Plaintiffs commenced this action on 7/23/12. Plaintiffs filed a first amended complaint (“FAC”) on 7/16/13 against defendants for: (1) violation of Civil Code § 1942.4; (2) tortious breach of warranty of habitability; (3) private nuisance; (4) Bus. & Prof. Code section 17200; and (5) negligence. Plaintiffs allege that Firouzman owned, managed, or controlled the subject property where plaintiffs resided. (FAC ¶¶ 1-2.) Plaintiffs allege that the subject property had numerous habitability violations. (Id., ¶¶ 7-9, 11-13.) Plaintiffs have dismissed the action as to defendant Inter-Agency Council.

On 6/5/13, Firouzman filed a cross-complaint against defendant Inter-Agency Council for: (1) equitable indemnity; (2) implied indemnity; (3) contribution; and (4) declaratory relief. Firouzman has since dismissed this cross-complaint.

ANALYSIS:

Petitioners include proposed orders for each of the petitions. (Scruton v. Korean Air Lines Co., Ltd. (1995) 39 Cal.App.4th 1596, 1603 05; see also Weil & Brown, Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group 2011) 12:572 [stating that a petition for court approval must comply with Cal. Rules of Court, rules 7.950, 7.950.5, 7.951 and 7.952].)

Petitioners provide proof of service indicating the petitions and supporting papers were served on defendants.

Pursuant to Probate Code § 3600(a)(2), a court may approve a compromise of a pending action or proceeding to which a minor or person with a disability is a party. Upon making such an Order,

[t]he court . . . shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and attorney’s fees, as the court shall approve and allow therein, shall be paid from the money or other property to be paid or delivered for the benefit of the minor or person with a disability.

(Probate Code § 3601(a).)

The petitions state that defendants Itzhak Fiouzman, individually and as trustee of the Itzhak and Genous Firouzman Family Trust, agrees to pay a total settlement amount of $265,000.00. (Pets., ¶ 11.) The claimants will each receive $2,000.00 from this amount. (Ibid.) No medical expenses are to be reimbursed from the payments. (See id., ¶ 13.)

The petitions indicate that the payments will be deposited in insured accounts in one or more institutions in this state, subject to withdrawal only upon authorization of this Court. (Pets., ¶ 19(a)(3).) Petitioners are required to include as Attachment 19a(3) the name, branch, and address of the depository. (Ibid.) The petitions include such attachments. (Id., Attachment 19a(3).)

Under California Rules of Court, rule 7.953(a),

in any case in which the court orders that funds to be received by a minor . . . must be deposited in a financial institution and not disturbed without further order of the court, the order must include a provision that a certified or filed endorsed copy of the order must be delivered to a manager at the financial institution where the funds are to be deposited, and that a receipt from the financial institution must be promptly filed with the court, acknowledging receipt of both the funds deposited and the order for deposit of funds.

The proposed orders to deposit money into blocked accounts substantially comply with this provision. (See Proposed Orders to Deposit Money Into Blocked Account, ¶ 6.)

Petitioners do not seek attorney’s fees from the amounts recovered by the claimants. Petitioners provide a copy of the fee agreement with counsel, which states that plaintiffs agreed to a contingency percentage of 45%. (See Pets., Attachment 18a.) The net attorneys fees rate is 43.3%. (Castleblanco Declaration, ¶ 12(c).)

The petitions include explanations as to the settlement payments to others. (See Pets., Attachment 12b; attached declarations.) The petitions include summaries as to the net balance due to each claimant. (Pets., ¶¶ 16-17.)

The petitions are GRANTED.