NINO, et al. vs MOTEL 6 OPERATING L.P., et al.

24CV060919: NINO, et al. vs MOTEL 6 OPERATING L.P., et al. 07/30/2026 Hearing on Petition to Confirm Minor's Compromise filed by SHAYRA LUCIA HERNANDEZ GARCIA (Minor) + CRS# 291594087053 in Department 24

Tentative Ruling - 07/24/2026 Rebekah Evenson

The Hearing on Petition to Confirm Minor's Compromise filed by SHAYRA LUCIA HERNANDEZ GARCIA (Minor) + CRS# 291594087053 scheduled for 07/30/2026 is continued to 08/27/2026 at 09:00 AM in Department 24 at Rene C. Davidson Courthouse.

The Petitions for Approval of Compromise of Claim for minor Plaintiffs (1) Elian Ricardo Hernandez Garcia and (2) Shayra Lucia Hernandez Garcia are both CONTINUED to August 27, 2026 at 9:00 a.m. in Department 24.

The Court does not understand the allocation of the settlement proceeds, and page 3 of each Petition is both internally inconsistent and inconsistent with the settlement agreement attached as Exhibit 13(a) to the Petitions.

Paragraph 10(b) of the Petitions states that the total amount offered by all Defendants is $240,000. That cannot be true, because Paragraph 10(c) states that “Plaintiff” (defined as “the mother and her two kids”) will get $1.2 million.

There are five named Plaintiffs in this case. The Petition does not indicate what amount, if any, is being paid to Plaintiffs Brayan Nino and Issis Sepulveda Buatista.

The settlement agreement attached as Exhibit 13(a) to the Petition indicates that each minor Plaintiff will be paid $400,000. Paragraph 16 of the Petition appears to indicate that each minor Plaintiff will receive $240,000.

Plaintiffs must file amended, corrected Petitions. Counsel is directed to carefully proofread the amended Petitions prior to filing them to ensure that all the information contained therein is accurate and internally consistent, and that the numbers add up correctly.

The Court also observes that the proposed orders submitted with the Petitions are almost entirely blank; they contain no information about the amount of the settlement, or any award of attorneys’ fees and costs from the settlement, or how the settlement proceeds are to be paid (whether into a blocked account, to purchase an annuity, etc.)

Plaintiffs shall file the amended Petitions and proposed orders no later than August 7. Plaintiffs shall deliver a courtesy copy of the Petitions to Department 24, as required by Alameda County Superior Court Local Rules, Rule 3.30(c).

The Compliance hearing currently scheduled for August 4, 2026 is CONTINUED to September 8, 2026 at 9:00 a.m. in Department 24. 24CV060919: NINO, et al. vs MOTEL 6 OPERATING L.P., et al. 07/30/2026 Hearing on Petition to Confirm Minor's Compromise filed by SHAYRA LUCIA HERNANDEZ GARCIA (Minor) + CRS# 291594087053 in Department 24 The Order to Show Cause Re: Dismissal scheduled for 08/04/2026 is continued to 09/08/2026 at 09:00 AM in Department 24 at Rene C. Davidson Courthouse.