Judge: Frank M. Tavelman, Case: 22BBCV00226, Date: 2024-07-26 Tentative Ruling

REQUESTING ORAL ARGUMENT PER CRC 3.1308

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The Court will indicate in the Tentative Ruling whether the Court is requesting oral argument.  For cases where the Court is not requesting argument, then the Court is guided by California Rules of Court, Rule 3.1308(a)(1) where the Court requests notice of intent to appear.  Unless the Court directs argument in the Tentative Ruling, a party seeking argument should notify "all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue."  The tentative ruling will become the ruling of the court if no argument is requested.   

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

Notice of the ruling must be served as indicated in the tentative.  Remote appearances are permitted for all law and motion unless otherwise indicated by the Court.  

Case Number: 22BBCV00226    Hearing Date: July 26, 2024    Dept: A

LOS ANGELES SUPERIOR COURT

NORTH CENTRAL DISTRICT - BURBANK

DEPARTMENT A

MOTION TO ENFORCE SETTLEMENT AGREEMENT

MP:    THE MANIJUE SHAMS TRUST AND MANIJEH SHAMS (Plaintiff)

RP:     FARIBA JAVAHEROUR, ET AL (Defendant)

All parties are requested to appear either in person or via LA Court Connect to address the tentative ruling.

Brief Summary of Requested Relief

The Court has read and considered Plaintiff’s Motion to Enforce Settlement, Defendant’s opposition, as well as Defendant’s Further Opposition to the Motion.

The parties entered into a settlement as set forth in Plaintiff’s moving papers, which included a CCP §664.6 provision.  Defendant has declined to sign the written settlement agreement until Plaintiff amends her trust to reflect that the settlement of $60,000 will inure to the benefit of the Plaintiff’s grandchildren, specifically the children of Plaintiff’s deceased son, Massoud Bahmanyar.

The parties appear to be at an impasse.

Ruling on Motion to Enforce Settlement

Pursuant to CCP §664.6, a Court has continuing jurisdiction to enforce a settlement agreement.  As such, the Court exercises its authority under CCP §664.6 and orders the following be completed within the next 30 days:

1.     Plaintiff Manijeh Shams is to create a new irrevocable trust: The Manijeh Shams Irrevocable Grandchild Trust in which she is the primary beneficiary, and the children of Massoud Bahmanyar are the contingent beneficiaries.  Manijeh Shams shall be the initial trustee, with a successor trustee to be named by Ms. Shams in the trust.

2.     The terms of the trust will include that the $60,000 settlement, as well as any earnings, may be used for the direct support of the settlor, and upon settlor’s death will inure to the benefit of Massoud Bahmanyar’s children in equal parts per stirpes. In the event that any grandchild predeceases the settlor, that grandchild’s share shall inure to the grandchild’s children per stirpes.   In the event that a deceased grandchild has no children, the share shall be divided equally among the remaining living grandchildren.

3.     Defendant Fariba Javaherpour shall deposit the total sum of $60,000 into the newly established trust within ten days of being informed that the new irrevocable trust has been established and a bank account in the name of the new trust is set up.

4.     The Manijeh Shams Irrevocable Grandchild Trust shall be subject to Part 4, Chapter 1 of the California Probate Code, beginning at §16060 et seq., including but not limited, to §§16062 and 16063.  Upon request from any contingent beneficiary, the contingent beneficiaries shall have a right directly, or through their representative if minors, to have an accounting no more than annually.  The accounting may be informal, and the cost of the accounting shall be incurred by the trust.  Any contingent beneficiary has the right to petition the court for a formal accounting if there is a prima facie basis to believe that the informal accounting does not properly reflect the trust distributions and expenses.

5.     The individual trustee shall not be entitled to compensation for administration of the trust, nor shall any bond be required of any individual trustee.  A professional or commercial trustee shall be entitled to compensation as permitted by law.

Manijeh Shams may propose specific language to the Court if necessary, with objections and alternative language being proposed by Defendant Fariba Javaherpour.

The Court sets a Status Conference Re: Settlement Agreement compliance for August 8, 2024 at 10:00 AM.

ORDER 

The Plaintiff’s Motion to Enforce the Settlement Agreement came on for hearing on July 25, 2024, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: 

THE MOTION TO ENFORCE THE SETTLEMENT AGREEMENT IS GRANTED.

PLAINTIFF TO CREATE NEW IRREVOCABLE TRUST CONSISTENT WITH THE TERMS OF THE SETTLEMENT AGREEMENT MEMORIALIZED IN THE COURT’S PRIOR MINUTE ORDER.

NEW IRREVOCABLE TRUST SHALL CONTAIN THE TERMS SET FORTH IN THIS RULING.

DEFENDANT IS TO FUND THE TRUST WITHIN 10 DAYS OF BEING NOTIFIED OF THE NEW TRUST’S CREATION AND BEING PROVIDED BANKING INFORMATION IN THE NAME OF THE NEW TRUST.

STATUS CONFERENCE RE: SETTLEMENT AGREEMENT COMPLIANCE IS AUGUST 8, 2024 AT 10:00 AM.

UNLESS ALL PARTIES WAIVE NOTICE, PLAINTIFF TO GIVE NOTICE.

IT IS SO ORDERED. 

DATE: July 26, 2024                                   _______________________________ 

                                                                        F.M. TAVELMAN, Judge 

Superior Court of California 

County of Los Angeles