Judge: Lee S. Arian, Case: 19STCV31849, Date: 2023-12-11 Tentative Ruling

Case Number: 19STCV31849    Hearing Date: December 11, 2023    Dept: 27

Tentative Ruling

Judge Lee S. Arian, Department 27

HEARING DATE:     December 11, 2023                            TRIAL DATE:  Not Set

CASE:                                Evgeny Lavrentev v. City of Los Angeles, et al.

CASE NO.:                 19STCV30633

PETITION TO APPROVE MINOR’S COMPROMISE

MOVING PARTY:               Petitioner Evgeny Lavrentev

RESPONDING PARTY:     No opposition

            Claimants, Nikita Lavrentev and Sophia Lavrenteva, minors, by and through their parent and guardian ad litem, Petitioner, Evgeny Lavrente, have agreed to settle their claims against Defendants, City of Los Angeles, Plaza De Oro, GP, Plaza Inv II, Plaza Inv, and ETC, GP LLC, in exchange for $15,000.00 each. 

            Regarding Claimant Nikita Lavrentev, if approved, $3,750.00 will be used for attorney’s fees, and $472.00 will be used for other expenses, leaving a settlement balance of $10,778.00 for Claimant, to be deposited in a block account, subject to withdrawal only on authorization the court.  

            Regarding Claimant Sophia Lavrentev, if approved, $3,750.00 will be used for attorney’s fees, and $3,234.12 will be used for other expenses, leaving a settlement balance of $8,015.88 for Claimant, to be deposited in a block account, subject to withdrawal only on authorization the court.  

            Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  The petition must be verified and “must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.”¿ (Cal. Rules of Court, rule 7.950.)¿¿

            Upon review, the Court finds the settlement amount to be fair and reasonable.  The Court further finds the request for attorney’s fees is fair, reasonable, and consistent with the retainer agreement between Claimant and her counsel.  However, the Petition cannot be approved because of the following defects:

·         The Petition has conflicting information. Item 11(b)(5) in MC-350 shows that Petitioner Evgeny Lavrentev, would receive $25,000 and Claimant Sophia would receive $15,000. However, Item 16(a) shows Claimant Nikita would receive $15,000 which totals $55,000 and not $40,000 described in 11(b)(1).

·         Petitioner submits an outdated Judicial Council Form MC-350.  Petitioner is directed to use the current 2023 version.

·         Petitioner did not provide Attachment 18.b(2) indicating where the settlement balance was to be deposited.

            Based on the foregoing, the Hearing on Petition to Confirm Minor’s Compromise is CONTINUED to ____________ at 1:30 PM in Department 27 at Spring Street Courthouse.  A revised Petition must be filed no later than 5 court days before the hearing.  The Court will not require Petitioner’s and Claimant’s attendance at the hearing.  (Cal. Rules of Court, rule 7.952, subd. (a).) 

Moving party to give notice. 

Dated:   December 11, 2023                                    ___________________________________

                                                                                    Lee S. Arian

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.