TAMARA YURYEVNA BABAEVA ET AL VS JAMAL PROPERTIES INC

Tentative Rulings

Case Number: BC639210    Hearing Date: October 29, 2019    Dept: 20

Tentative Ruling

Judge Dalila C. Lyons

Department 20

Hearing Date: Tuesday, October 29, 2019

Case Name: Tamara Yuryevna Babaeva, et al. v. Jamal Properties, Inc. et al.

Case No.: BC639210

Motion: Petition to Approve Minor’s Compromise

Moving Party: Plaintiff Dorys May-Sajadi, guardian ad litem for claimant Andre Azad Sajadi

Responding Party: *UNOPPOSED*

Notice: OK

Ruling: Plaintiff Dorys May Sajadi’s Petition to Approve Minor’s Compromise for Andre Azad Sajadi is GRANTED.

Moving Party to provide notice.

BACKGROUND

On October 31, 2016, Plaintiffs Tamara Yuryevna Babaeva (“Tamara”), Erika Khalilova (“Erika”) a minor my and through her guardian ad litem, Draim Ali Alnajarani (“Ali”), Munerah Al Saed (“Munerah”), Arwa Draim Alnajarani (“Arwa”), Mohammad Alnajarani (“Mohammad A.”) a minor by and through his guardian ad litem, Armani Alnajarani (“Armani”) a minor by and through her guardian ad litem, Dorys Mey-Sajadi (“Dorys”), Mohammad Sajadi (“Mohammad S.”), Ezzat Sajadi Khonsari (“Ezzat”), and Andre Azad Sajadi (“Andre”) (collectively “Plaintiffs”) filed the Complaint against Defendant Jamal Properties, Inc. (“Jamal Properties”) as owners of 9955 Durant Drive Apartments, Beverly Hills, CA 90212 (the “Subject Property”) and Does 1 to 50 for (1) breach of warranty of habitability (contract); (2) breach of warranty of habitability (statute); (3) breach of covenant of quiet enjoyment; (4) negligence; (5) negligent infliction of emotional distress; (6) intentional infliction of emotional distress; (7) private nuisance; (8) violation of Business and Professions Code § 17200 et seq.; and (9) declaratory and injunctive relief.

Plaintiffs allege the Complaint arises from the failure by Defendant as landlord, owner, and manager of the Subject Property to maintain it in a safe and habitable condition. Specifically, Plaintiffs allege they were exposed to toxic dust from Jamal Properties’s demolition and construction at the Subject Property.

Through various cross-complaints for indemnity and contribution the following cross-defendants were brought into the action: Mike Rovner Construction, Inc. (“Rovner Construction”), Adolfo’s Contractor Corporation (“Adolfo’s Contractor”), Carpet USA, Ltd. (“Carpet USA”), Spectrum Glass & Mirror, Inc. (“Spectrum Glass”), Encore Painting, Inc. (“Encore Painting”), Cabinets 2000, Inc. (“Cabinets 2000”, Jorge Hernandez (“Hernandez”) d/b/a JHF A/C & Heating (“JHF”), Hector E. Gonzales (“Gonzales”) d/b/a Platinum Pacific Landscape (“Platinum Landscape”), Fahrenheit Heating & Air Conditioning, Inc. (“Fahrenheit Heating”), Fine Stone & Cabinetry, Inc. (“Fine Stone”), Greater Spark Contractors, Inc. (“Greater Spark”), Master Craft Iron Co., Inc. (“Master Craft”), Poornazh Fire Control, Inc. (“Poornazh Fire”), R & R Landscape Services, Inc. (“R & R Landscape”), Rag Electric, Inc. (“Rag Electric”) d/b/a Feiz Electric, Rudy Y. Barajas (“Barajas”) d/b/a Refined Construction, Seamless Flooring LA, LLC (“Seamless Flooring”), Compton Steel Co., Inc. (“Compton Steel”), DC Glass Installations, Inc. (“DC Glass”), Shani Wallcovering & Paint (“Shani Wallcovering”), Westoaks Glass & Mirror, Inc. (“Westoaks Glass”), Home Site Services, Inc. (“Home Site”), Alliance Environmental Group, Inc. (“Alliance Environmental”), Express Contractors, Inc. (“Express Contractors”). All cross-defendants and Jamal Properties are collectively referred to as “Defendants”.

On October 02, 2018, the Court dismissed with prejudice the Complaint as filed by Ali, Munerah, Arwa, Mohammad A., and Armani due to their failure to appear for their depositions in compliance with the Court’s August 28, 2018 order.

On November 7, 2018, Plaintiffs filed a Notice of Settlement of the entire case.

This is Dorys’s third petition on behalf of Andre. Previous petitions failed to attach medical records evidencing Andre’s injuries.

ANALYSIS

I. Minor’s Compromise

A claim by or against a minor can be settled only with court approval. CCP § 372; Probate Code §§2504, 3500, 3600 et. seq. The petition must contain a full disclosure of all information that bears on the reasonableness of the compromise. See Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2011) ¶12:574.5. The court must not only approve the amount of the settlement, but also the attorneys’ fees, the litigation costs, and other expenses, as well as how the settlement proceeds are to be invested. See Prob. Code §§ 3600; 3610. Under CRC Rule 7.950, the petition must be verified, and must include:

(1) The name, birthdate, age, and sex of the minor or person with a disability; (2) An account of the facts or events and the circumstances out of which the claim or injury arose, including the time, the place, and the identity of the persons involved; (3) A description of the nature and extent of the injury giving rise to the claim, with sufficient particularity to inform the court whether the injury is permanent or temporary; (4) An original or a photocopy of all doctors' reports containing a diagnosis of and prognosis for the injury, and a report of the claimant's present condition; (5) In all cases in which payment for medical or hospital care or treatment for the claimant is sought, the names of the hospitals, doctors, and other providers furnishing the care, the amounts of the respective charges for the care (whether paid or owing), the amounts paid (whether covered by insurance or not), the amounts of any negotiated reductions of the charges, and the net amount owed to each provider; (6) The amount of attorney's fees requested and the basis for the fees, with an itemization of the costs sought to be allowed and charged against the settlement; (7) The gross and net amounts of the settlement; (8) A description of the manner in which the settlement proceeds will be distributed; (9) A full disclosure of all amounts, if any, paid or to be paid to other claimants; (10) A statement of whether the petitioner is a plaintiff in the same action with the minor or claimant with a disability and, if so, whether the pendency or disposition of the petitioner's claim on his or her own behalf has in any way affected the proposed compromise of the claim; (11) A statement of whether the petitioner is a claimant against the recovery of the minor or claimant with a disability and, if so, whether the pendency or disposition of petitioner's claim on his or her own behalf has in any way affected the proposed compromise of the claim; (12) If settlement money is to be deposited in an account or accounts subject to withdrawal only upon order of the court, the name and address of the proposed depository; (13) A statement whether notice of the action or claim has been given under Welfare and Institutions Code section 14124.73; and (14) If the petition requests an order for payment of money to a special needs trust, a statement of the method by which all statutory liens will be satisfied under Probate Code Section 3604.

Here, the petition complies with the CRC. Andre’s medical records are appended to the application as Attachment 8. Defendants agreed to pay $126,000 to settle the claims, with payment of $6,500 to Andre. Andre is a minor that is thirteen years of age as of the date of this petition. Counsel for Andre requests $1,625 in attorney’s fees, which is less than the 33%-40% provided for in the attorney’s employment agreement. Counsel is not deducting costs. Less attorney’s fees of $1,625, the total recovery for Andre is $4,875.

The funds will be deposited with Wells Fargo Bank (Bank & Credit Union) 9354 Wilshire Blvd., Beverly Hills, CA 90212 in a blocked account subject to withdrawal only upon authorization of the court.

Accordingly, the petition for approval of the minor’s compromise is GRANTED.