A tentative settlement has been reached in a lawsuit brought by the family of a 3-year-old boy who allegedly contracted lead poisoning at a rental property owned by Southwestern Law School.
The possible settlement announcement in the case brought by Carina Castaneda on behalf of herself and her relatives comes not long after school attorneys filed court papers stating that an expedited trial being sought by the plaintiffs would jeopardize their ability to prepare a defense and potentially expose the institution to bankruptcy.
Castaneda’s fellow plaintiffs are her afflicted son, Isaias; her second son, 1-year-old Iyse Melendez; and her mother, Maria Jesus Salazar Garcia, 73. The other defendants are Charles Dunn Real Estate Services Inc. and Beach Front Property Management Inc.
The plaintiffs’ attorneys filed court papers Friday notifying Judge Maurice Leiter of a “conditional” settlement in the case with expectation that a request for dismissal will be brought by June 3. No terms were divulged.
The court papers state that a hearing will take place Feb. 21 for the judge to review the settlement terms for the minors.
The suit alleges that Southwestern failed to properly own, operate and manage their former apartment on Shatto Place in Koreatown. The plaintiffs’ attorneys previously filed court papers with Leiter asking for an expedited trial date, noting that both children are under age 14. However, school attorneys filed their own court papers arguing that granting the motion would violate the school’s constitutional rights and that a verdict of more than $25 million that was being sought by the plaintiffs could bankrupt the school.
According to the suit, during the time the family lived at the apartment, it had dangerous levels of peeling and deteriorated lead-based paint and was infested by cockroaches, which along with other allegedly substandard conditions caused the plaintiffs significant bodily injuries, emotional distress and property damage.
The lead-based paint in the Castaneda family’s apartment “poisoned young Isaias,” the family’s lawyers further maintain.
In addition, on June 30, urban entomology expert Josh Shoemaker inspected the plaintiffs’ apartment and documented an ongoing moderate cockroach infestation, noting that the accumulation of German cockroach fecal material throughout the unit evidences a “long-term problem and/or a past severe infestation,” the plaintiffs’ attorneys state in their court papers.
Southwestern’s noted alumni include the late Los Angeles County District Attorney Robert Philibosian, Johnny Depp attorney Camille Vasquez and noted plaintiffs’ attorneys Brian Panish, J. Bernard Alexander III and Arash Homampour.