JANE DOE VS ROBERT DEAN LEE ET AL

Tentative Rulings

Case Number: BC637135    Hearing Date: March 03, 2020    Dept: SWB

Hearing Date: March 3, 2020

Moving Parties: Petitioner Tiphanie Babinet

Responding Party: None

Petition to Approve Compromise of Pending Action of Minor

The court considered the moving papers.

RULING

The court is inclined to grant petitioner’s Petition to Approve Compromise of Pending Action on behalf of minor claimant Jane Doe

Pursuant to California Rules of Court, Rule 7.952(a), petitioner and minor claimant are required to attend the hearing on the petition but the court finds good cause to dispense with the appearance of the minor based on her age and the circumstances.

BACKGROUND

On October 13, 2016, plaintiff Jane Doe, a minor by and through her guardian ad litem, T.B., filed a complaint against Robert Dean Lee and Gloria D. Lee for (1) battery, (2) assault, (3) sexual battery, (4) IIED, (5) negligence, (6) negligent supervision, (7) intentional fraud, and (8) constructive fraud.

Plaintiff alleges that she was eight years old when she was sexually abused by defendant and relative Robert Dean Lee from July 25, 2014 to July 28, 2014, in his home in Manhattan Beach and in his automobile. At the time of the abuse, R. Lee was 79 years old. He was convicted on March 2, 2016 for forced oral copulation of a child ten years or under, four counts of lewd acts with a child, and one count of possession of child pornography. He is serving 27 years to life. Defendant Gloria Lee married R. Lee in 1962 and was his wife at the time R. Lee sexually abused Jane Doe.

Plaintiff further alleges that she revealed the sexual abuse to her mother T.B. and her family in early August 2014. R. Lee was arrested on October 7, 2014. On October 14, 2014, G. Lee filed a petition for dissolution of marriage. On December 5, 2015, the court entered a consensual judgment in the uncontested divorce proceeding. In the judgment, R. Lee transferred substantially off of the community property to G. Lee, including the real property located at 457 28^th Street, Manhattan Beach, the adjoining real property at 461 28^th Street, the 1990 Ford Aerostar, and funds, assets, and securities in several accounts. On February 29, 2016, defendants executed interspousal deeds for the real properties and conveyed them to G. Lee as her sole and separate property. On the date of the judgment, the real property had a fair market value of $4 million. G. Lee resides at 461 28^th Street.

On November 7, 2016, plaintiff filed a FAC.

On December 28, 2017, plaintiff filed a SAC adding causes of action for violations of Uniform Voidable Transactions Act.

DISCUSSION

The court has reviewed the petition and finds the settlement terms to be fair and reasonable. The agreement provides for defendant G. Lee to convey all of her assets to plaintiff upon G. Lee’s death. It allows G. Lee to continue residing in her home and receiving the rent from the adjoining single-family residence. G. Lee’s will provides that plaintiff is her sole heir. As to the trust, G. Lee is the beneficiary and upon her death, plaintiff is the sole beneficiary. As to the two grant deeds, G. Lee conveys the real property to the trust, and the grant deeds will be recorded after the court’s approval of the minor’s compromise. Each of the properties is appraised at $1.8 million. The assignment conveys all of G. Lee’s personal property to the trust. See Exh. 11.

Plaintiff’s attorneys incurred costs of $54,805.80. Plaintiff’s attorneys seek fees in the amount of 33 1/3% from the total amount of monies placed into trust after the sale of the real property plus any residuals placed into trust from other remaining sources including bank accounts and other financial instruments.

The court will retain jurisdiction until such time as all terms and conditions of the settlement are met and to approve the transfer of settlement proceeds into a blocked account.

The court is inclined to grant the petition.