Judge: Audra Mori, Case: 19STCV23379, Date: 2022-07-25 Tentative Ruling

Case Number: 19STCV23379    Hearing Date: July 25, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Michael Ohanjanyan (“Plaintiff”), a minor, by and through his guardian ad litem David Ohanjanyan (“Petitioner”), filed this action against Defendants, the Manage Emporium and Regency Court HOA (collectively, “Defendants”) for injuries sustained when the gate to Plaintiff’s garage opened suddenly and caught Plaintiff’s body.  As a result, Plaintiff got stuck between the gate and the wall causing injuries to his face and eye.  On December 28, 2020, the court granted a petition to confirm minor’s compromise pertaining to Plaintiff.  (Min. Order Dec. 28, 2020.)  In pertinent part, the court signed an Order to Deposit Money into Block Account authorizing $32,329.40 be deposited into a blocked account for minor Plaintiff with no withdrawals to be made without a written order signed by a judge. 

At this time, Petitioner moves to withdraw $5,700.00 from the blocked account. 

Notwithstanding any other provision of law and except to the extent the court orders otherwise, the court making the order that the remaining balance of any money paid or to be paid be deposited in an insured account in a financial institution in this state subject to withdrawal only upon the authorization of the court shall have continuing jurisdiction of the money and other property paid, delivered, deposited, or invested under this article until the minor reaches 18 years of age.  (Probate Code §§ 3611(b), 3612(a).) 

A petition for the withdrawal of funds deposited for a minor or a person with a disability must be verified and include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on the deposit at the time the petition is filed, and a justification for the withdrawal.  (Cal. Rules of Court, Rule 7.954(a).) 

 In this case, Petitioner provides the current balance of the account, (¶ 6d), and asserts that Plaintiff requires braces for his teeth.  Petitioner states that he has already paid a deposit of $500, for which he seeks reimbursement, and further requests $5,200 for the remaining balance, for a total of $5,700.00.  Petitioner submits a copy of a receipt for the initial $500 charge and of a treatment plan detailing the remaining fees.  The evidence is sufficient to establish that the requested funds to be dispersed are for the direct benefit of Plaintiff.

            The petition is granted.

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 25^th day of July 2022