Judge: Lee S. Arian, Case: 22STCV30398, Date: 2023-11-02 Tentative Ruling

Case Number: 22STCV30398    Hearing Date: November 17, 2023    Dept: 27

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

STAN HEIFETS, as an individual and as guardian ad litem for JACKQUELYN HEIFETS,

                   Plaintiff,

          vs.

 

HAMID HAKKAKZADEH, et al.,

 

                   Defendants.

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      CASE NO.: 22STCV30398

 

[TENTATIVE] ORDER RE: PETITION TO CONFIRM MINOR’S COMPROMISE

 

Dept. 27

1:30 p.m.

November 17, 2023

 

Claimant Jackquelyn Heifets (“Claimant”), a minor, by and through her  Guardian Ad Litem, Stan Heifets (“Petitioner”), has agreed to settle her claims against Defendants Jessica Zestar-Postrikand Ana Mendy Nin in exchange for $18,500.  If approved, $2,189.57 will be used for medical expenses,  $6,166.66 will be used for attorney’s fees, and $631.03 will be used for non-medical expenses, leaving a balance of $9,512.74 for Claimant to be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim.  (Probate Code §§ 3500, 3600, et seq.; Code Civ. Proc. § 372.)  Previously, on November 2, 2023, the Court reviewed a prior petition by Petitioner, and while the settlement appeared to be fair and reasonable and that the request for attorney fees was reasonable, the Court found that there were several deficiencies within that petition that precluded approval. (November 2, 2023 Minute Order.) As a result, the Court instructed Petitioner to file a revised Petition. (Ibid.) The Court has reviewed the revised Petition and finds that the previously identified defects have been corrected.

Accordingly, the unopposed revised Petition to approve minor’s compromise is GRANTED.

The Court sets an OSC for ________________ for proof of deposit.  (Cal. Rules of Court, Rule 7.953(a).)  If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance.  The Court finds that Claimant and Petitioner’s appearances are not necessary.

Moving party to give notice.

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.

 

Dated this 17th day of November 2023

 

 

 

 

Hon. Lee A. Arian

Judge of the Superior Court