Merlos, et al. v. Queen Anne Properties, LLC

CASE NUMBER: 25STCV00641 NOTICE: NO PROCEEDINGS: PETITIONS FOR APPROVAL OF COMPROMISE OF CLAIM OR ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR MOVING PARTY: Petitioner Lesly Alay on behalf of minor Claimants Emma Valentina Herrera-Alay and Scarlett Yamileth Herrera-Alay RESP. PARTY: None PETITION TO APPROVE COMPROMISE OF A DISPUTED CLAIM (CCP Sec. 372, CRC, rule 7.950.5.)

TENTATIVE RULING: The Petitions for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor filed on behalf of minor Claimants Emma Valentina Herrera-Alay and Scarlett Yamileth Herrera-Alay are CONTINUED to September 21, 2026 at 9:00 a.m. in Department 512 of the Stanley Mosk Courthouse. Order to Show Cause re: Dismissal will continue to September 21, 2026 at 9:00 a.m. in Department 512 of the Stanley Mosk Courthouse. At least 16 court days prior to the next scheduled hearing, Petitioner is to file and serve proper proof of service regarding both Petitions.

Moving parties are ordered to give notice. SERVICE: [] Proof of Service Timely Filed (CRC, rule 3.1300) NO [] Correct Address (CCP Sec.Sec. 1013, 1013a) NO [X] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) OK OPPOSITION: None filed as of August 20, 2026 [] Late [X] None REPLY: None filed as of August 20, 2026 [] Late [X] None ANALYSIS: I.

Background

On January 10, 2025, Plaintiffs Jonathan Merlos and Lesly Alay ("Plaintiffs") and minor Plaintiffs Emma Valentina Herrera-Alay ("E.V. Herrera-Alay") and Scarlett Yamileth Herrera-Alay ("S.Y. Herrera-Alay"), by and through their Guardian Ad Litem Alay ("minor Plaintiffs") filed the instant action against Defendant Queen Anne Properties, LLC ("Defendant") and Does 1-50, alleging causes of action for Breach of Warranty of Habitability, Brech of the Covenant of Quiet Enjoyment, Negligence, and Breach of Contract. (Compl., p. 1.)

On January 27, 2025, Petitioner Alay was appointed Guardian Ad Litem of S.Y. Herrera-Alay. (1/27/25 Order.)

On January 30, 2025, Petitioner Alay was appointed Guardian Ad Litem of E.V. Herrera-Alay. (1/30/25 Order.)

On May 2, 2025, Defendant filed an Answer.

On June 23, 2026, Petitioner filed the instant Petitions for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor (the "Petitions") on behalf of minor Plaintiffs. Petitioner also filed Proposed Orders.

On July 15, 2026, the Court continued the Petitions due to defects in service and notice of hearing. (7/15/26 Order.)

On July 16, 2026, Petitioner filed and served Notice of Ruling. No Opposition has been filed.

II. Procedural Issues

While the Court acknowledges that previous issues with the Notice of Hearing on the Petitions have been resolved by way of the 7/16/26 Notice of Ruling filed and served on Defendant, the Court finds service of the Petitions remains defective. There is still a discrepancy in Defendant's service address used for service of the Petitions - the Answer lists Defendant's electronic service address as " [email protected] " and the Court's files also include electronic service addresses for Defendant of " [email protected] " and " [email protected] "; however, the Petitions were served to " [email protected]; [email protected]; [email protected] ." (Petitions, Proofs of Service.) The Court may not grant the Petitions absent proper service.

III. Legal Standard & Discussion

Court approval is required for all settlements of a minor's claim. (Prob. Code Sec.Sec. 3500, 3600, et seq.; Code of Civ. Proc., Sec. 372.) " '[W]ithout trial court approval of the proposed compromise of the ward's claim, the settlement cannot be valid. [Citation.] [P.] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.' " (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.)

A minor, like Claimant, "shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case." (Code Civ. Proc., Sec. 372, subd. (a)(1).)

To obtain court approval of the settlement of a minor's claims, the petitioner must file a "verified petition for approval of the settlement and must disclose 'all information that has any bearing upon the reasonableness of the compromise.' " (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256, fn. 4, citing Cal. Rules of Court, rule 7.950.)

A. Petition of Emma Valentina Herrera-Alay

The Court finds the Petition and Proposed Order are substantially complete, and the proposed settlement is fair and reasonable in light of minor Plaintiff's damages. However, the Petition is CONTINUED to allow Petitioner to file supplemental papers addressing the deficiencies noted herein.

B. Petition of Scarlett Yamileth Herrera-Alay

The Court finds the Petition and Proposed Order are substantially complete, and the proposed settlement is fair and reasonable in light of minor Plaintiff's damages. However, the Petition is CONTINUED to allow Petitioner to file supplemental papers addressing the deficiencies noted herein.

IV. Conclusion & Order

For the reasons stated above, the Petitions for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor filed on behalf of minor Claimants Emma Valentina Herrera-Alay and Scarlett Yamileth Herrera-Alay are CONTINUED to September 21, 2026 at 9:00 a.m. in Department 512 of the Stanley Mosk Courthouse.

Order to Show Cause re: Dismissal will continue to September 21, 2026 at 9:00 a.m. in Department 512 of the Stanley Mosk Courthouse. At least 16 court days prior to the next scheduled hearing, Petitioner is to file and serve proper proof of service regarding both Petitions. Moving parties are ordered to give notice.

Case Number: 26STCV01822 Hearing Date: August 26, 2026 Dept: 512 HEARING DATE: Weds., August 26, 2026 JUDGE /DEPT: Mkrtchyan/512 CASE NAME: In re Petition of LNV Assistance, LLC PET. FILED: 05-12-26