Judge: Latrice A. G. Byrdsong, Case: 23STLC08178, Date: 2024-04-23 Tentative Ruling
Case Number: 23STLC08178 Hearing Date: April 23, 2024 Dept: 25
Hearing Date: Tuesday, April 23, 2024
Case Name: ROBERT AVAGYAN, A MINOR THROUGH GUARDIAN AD LITEM, ANAHIT YEGHIAZARYAN, et al. vs JESSE T.J. LEAVER
Case No.: 23STLC08178
Motion: Petitions to Approve Minor's Compromise Disputed Claim
Moving Party: Petitioner/ Guardian ad Litem, Anahit Yeghiazaryan; Minor Claimants Emily Avagyan and Robert Avagyan
Responding Party: None
Notice: NO
Tentative Ruling: Petitioner/ Guardian ad Litem, Anahit Yeghiazaryan’s Petitions to Approve Minor's Compromise Disputed Claims on behalf of Minors Emily Avagyan and Robert Avagyan are CONTINUED TO JULY 9, 2024 at 10:00 a.m. in Department 25 of the SPRING STREET COURTHOUSE.
At least 16 court days before the next scheduled hearing, Petitioners must file and serve supplemental papers addressing the issuance of service of the Petitions on Defendant/Respondent as well as the other deficiencies noted in the Court’s Order. Failure to do so will result in the Petitions being placed off calendar or denied.
SERVICE:
[X] Proof of Service Timely Filed (CRC, rule 3.1300) NO
[X] Correct Address (CCP §§ 1013, 1013a) NO
[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO
OPPOSITION: None filed as of April 10, 2024 [ ] Late [X] None
REPLY: None filed as of April 16, 2024 [ ] Late [X] None
BACKGROUND
On December 14, 2023, Plaintiffs Robert Avagyan and Emily Avagyan (“Plaintiffs”/ “Claimants”) by and through guardian ad litem, Anahit Yeghiazaryan (“Petitioner”) filed a motor vehicle and general negligence action against Defendant Jesse T.J. Leaver (“Defendant”) for hospital/medical expenses and general damage resulting from a motor vehicle accident that occurred on December 24, 2022. Anahit Yeghiazaryan was appointed Claimants Emily and Robert Avagyan’s guardian ad litem on February 7, 2024.
On February 23, 2024, Petitioner filed notice that the parties had reached a conditional settlement agreement.
On February 29, 2024, Petitioner filed the Petitions to Approve Compromise of Disputed Claim as to Minor Claimants: Emily Avagyan (Age 6) and Robert Avagyan (Age 5).
No opposition has been filed.
MOVING PARTY POSITION
Claimants Emily and Robert, who are 6 and 5 years old, respectively, have agreed to settle their claims against the Defendant for $25,000.00 each. As a result of the December 24, 2022 car accident, both Claimants suffered psychological impairment, moderate levels of anxiety, personal injury fears, and generalized anxiety. Claimants received psychological examinations and sessions.
Out of Claimant Emily’s settlement proceeds of $25,000.00, medical expenses of $4,295.00, cost expenses of $10.89, and attorney’s fees of $6,250.00 will be deducted, leaving Claimant Emily with $14,444.11. The $14,444.11 will be deposited into an insured account.
Out of Claimant Robert’s settlement proceeds of $25,000.00, medical expenses of $3,795.00, cost expenses of $10.89, and attorney’s fees of $6,250.00 will be deducted, leaving Claimant Robert with $14,944.11. The $14,944.11 will be deposited into an insured account.
OPPOSITION
No opposition has been filed.
REPLY
No reply has been filed.
ANALYSIS
I. Legal Standard
Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.) A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372(a)(1).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code § 3500.
Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)
Under Probate Code § 3505, if a petition is unopposed, the Court must issue a decision on the petition at the conclusion of the hearing.
II. Discussion
Minors – Emily Avagyan (Age 6) and Robert Avagyan (Age 5)
Guardian Ad Litem – Anahit Yeghiazaryan
Defendant – Jesse T.J. Leaver
Emily Avagyan’s Settlement: $25,000.00
Attorney’s Fees: $6,250.00
Litigation and Other Costs: $10.89
Medical Bills: $4,295.00
TOTAL TO BE PAID TO EMILY: $14,444.11
Robert Avagyan’s Settlement: $25,000.00
Attorney’s Fees: $6,250.00
Litigation and Other Costs: $10.89
Medical Bills: $3,795.00
TOTAL TO BE PAID TO ROBERT: $14,944.11
General Requirements
· Petitions on Form MC-350? YES
· Proposed Orders on Form MC-351? NO
· Proposed Orders to Deposit Funds Into
Blocked Account on Form MC-355? NO
· Proof of service on other parties? NO
Type of injury, medical expenses
Claimant Emily Avagyan suffered psychological impairment, moderate level of anxiety symptoms, personal injury fears, and generalized anxiety. (Pet. p. 2, ¶¿6.) Claimant received psychological examination treatment. (Id. at ¶ 7; Attach. 8.) The Petition asserts that Claimant has recovered completely and does not have any permanent injuries. (Id. at ¶ 8.)
· Medical records documenting injuries and treatment? Yes. (Pet., Attach. 8.)
· Negotiated reduction in medical liens? No.
· Injuries completely healed? Yes, Claimant has completely recovered and there are no permanent injuries. (Pet. p. 2, ¶ 8; See also Attach. 8.)
Claimant Robert Avagyan suffered psychological impairment, moderate level of anxiety symptoms, personal injury fears, and generalized anxiety. (Pet. p. 2, ¶¿6.) Claimant received psychological examination treatment. (Id. at ¶ 7; Attach. 8.) The Petition asserts that Claimant has recovered completely and does not have any permanent injuries. (Id. at ¶ 8.)
· Medical records documenting injuries and treatment? Yes. (Pet., Attach. 8.)
· Negotiated reduction in medical liens? No.
· Injuries completely healed? Yes, Claimant has completely recovered and there are no permanent injuries. (Pet. p. 2, ¶ 8; See also Attach. 8.)
Handling of Funds
How are settlement funds to be disposed of?
Emily Avagyan- “$14,444.11 be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the court. The name, branch, and address of each depository are specified in Attachment 18b(2).” Petitioner submits Attachment 18b(2), which identifies that the funds should be deposited with Wells Fargo Bank, 900 N. San Fernando Boulevard, Burbank, CA 91504.
Robert Avagyan- “$14,944.11 be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the court. The name, branch, and address of each depository are specified in Attachment 18b(2).” Petitioner submits Attachment 18b(2), which identifies that the funds should be deposited with Wells Fargo Bank, 900 N. San Fernando Boulevard, Burbank, CA 91504.
Attorneys’ Fees and Litigation Costs
· Attorneys’ fees requested? Yes, 25% of total settlement. (Attachs. 13a.)
· If yes, attorney declaration including factors under CRC Rule 7.955(b)? Declaration does not discuss the factors under CRC Rule 7.955(b). (Petitions, Armen Kiramijyan Decls.)
· Copy of retainer agreement? Yes. (Attachs. 17a.)
· Litigation costs requested? Yes
· Itemized? No, but only for LASC e-filing fee (Pet. p. 5, ¶ 13b.)
Here, the Court notes the following deficiencies with the Petitions:
(1) Petitioner fails to file Proposed Orders on Form MC-351;
(2) Petitioner fails to file Proposed Orders to Deposit Funds Into Blocked Account on Form MC-355;
(3) Declarations of Armen Kiramijyan fail to address the factors under California Rules of Court, rule 7.955(b).
Therefore, for those reasons, the Court CONTINUES the hearing on the Petitions for Minor’s Compromise submitted on behalf of Minor Claimants Emily Avagyan and Robert Avagyan.
II. Conclusion
Petitioner/ Guardian ad Litem, Anahit Yeghiazaryan’s Petitions to Approve Minor's Compromise Disputed Claims on behalf of Minors Emily Avagyan and Robert Avagyan are CONTINUED TO JULY 9, 2024, at 10:00 a.m. in Department 25 of the SPRING STREET COURTHOUSE.
At least 16 court days before the next scheduled hearing, Petitioner must file and serve supplemental papers addressing the issuance of service of the Petitions on Defendant/Respondent as well as the other deficiencies noted above. Failure to do so will result in the Petitions being placed off calendar or denied.
Moving party is ordered to give notice.