Judge: Anne Hwang, Case: 20STCV49440, Date: 2024-10-23 Tentative Ruling

Case Number: 20STCV49440    Hearing Date: October 23, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

The Court has reviewed the petition filed on September 18, 2024 by Petitioner Narine Bosnuyan (Petitioner) on behalf of Claimant Rafael Nico Godzhoyan, age 9. The Court denies the petition without prejudice for the following reasons:

As an initial matter, Petitioner reserved a hearing for a regular petition to confirm a minor’s compromise but filed an expedited petition on form MC-350EX. However, even if the Court construed this as an expedited petition, the settlement in items 11 and 12 exceeds $50,000. (See item 3g(1).) Petitioner must select item 3g(2) and show that it applies, or file a regular petition for a minors’ compromise (form MC-350). (Cal. R. Ct. 7.950.5(a)(8).)¿ 

The Court observes the following additional defects for future reference.¿ Note: the item numbers in this order will vary from the corresponding item numbers in a regular petition (MC-350).

The medical records from May 17, 2019 do not show that Claimant is fully recovered. Petitioner must provide further medical records/report, or other evidence confirming Claimant’s current condition.

Petitioner must select 12b2.

Attachment 12 must contain the special damages claimed by Claimant and Petitioner.  

Petitioner must complete item 13a(4).

Petitioner requests $5,000 in attorney fees which represents 25% of the gross settlement. However, Petitioner must include an attorney declaration explaining the basis for the request and describing the factors in California Rules of Court, rule 7.955(b).

Petitioner must provide attachment 19b(2).

In the proposed order (MC-351), the $237.39 for the Medi-Cal lien should be in item 8a(3), along with the name and address of the Department of Health Care Services.

Petitioner must also complete and file form MC-355 since the funds will be deposited into a blocked account.

Accordingly, the Court denies the petition without prejudice.

Petitioner shall give notice and file a proof of service of such.