Judge: Daniel M. Crowley, Case: 22STCV25868, Date: 2023-03-13 Tentative Ruling
Case Number: 22STCV25868 Hearing Date: March 13, 2023 Dept: 28
Petition to Approve Compromise of
Pending Action on Behalf of Minor Orai Cohen filed by Petitioner Karin Cohen
Having considered the petitioning papers,
the Court rules as follows.
BACKGROUND
On August 10, 2022, Plaintiffs Orai
Cohen (“Orai”), Maor Cohen (“Maor”) and Karin Cohen (“Karin” or “Karin”)) filed
this action against Grigor Taymizyan (“Grigor”), Zarui Taymizyan (“Zarui”) and
Timely Transportation (“Timely”) for motor vehicle and general negligence.
On March 2, 2023, Petitioner submitted
a Petition for Approval of Minor’s Compromise to be heard on March 13, 2023.
Trial is currently scheduled for August
2, 2023.
PARTY’S REQUESTS
Petitioner Karin Cohen asks the
Court to approve the compromise of the pending action on behalf of Plaintiff Orai
Cohen.
DISCUSSION
Petitioner
incorrectly filled out sections requesting the total to be paid to Claimant.
Section 10 requests the amount to be paid to Claimant, not to all
Plaintiffs in this action. Petitioner noted that the amount totals $178,275.00,
but later states that Claimant will only be paid $150,000.00. In Section 16,
Petitioner again lists the gross settlement as $178,275.00, but the total
appears to be based off the $150,000.00 amount. The Court denies the petition
and requests Petitioner submit a new application with a consistent settlement
amount to be paid to Claimant.
CONCLUSION
Petition to Approve Compromise of
Pending Action on Behalf of Minor Orai Cohen filed by Petitioner Karin Cohen is
DENIED.
Petitioner is ordered to file the proof of service of this
ruling with the Court within five days.
The parties are directed to the header of this
tentative ruling for further instructions.