Judge: Lisa R. Jaskol, Case: 22STCV19746, Date: 2025-06-13 Tentative Ruling
Case Number: 22STCV19746 Hearing Date: June 13, 2025 Dept: 28
Having considered the petitioning papers, the Court rules as follows.
BACKGROUND
On June 16, 2022, Plaintiffs Corina Magaly Argueta, Kevin Argueta, and Karla Velasquez Argueta filed this action against Defendants Oganes Bubushyan, Melada Marsubyan, and Does 1-50 for motor vehicle tort and general negligence.
On July 5, 2023, Defendants Oganes Bubushyan and Melada Marsubyan filed an answer and a cross-complaint against Cross-Defendants Corina Magaly Argueta and Roes 1-10 for indemnity, comparative contribution, and declaratory relief. On November 3, 2023, Plaintiff and Cross-Defendant Corina Magaly Argueta filed an answer to the cross-complaint. On January 24, 2024, the Court dismissed the cross-complaint with prejudice at Cross-Complainants’ request.
On August 13, 2024, Plaintiffs filed a notice of settlement.
On May 6, 2025, Petitioner Corina Magaly Argueta (“Petitioner”) filed a petition for expedited approval of the compromise of minor Plaintiff Karla Velasquez Argueta’s claims.
PETITIONER’S REQUEST
Petitioner asks the Court for expedited approval of the compromise of the claims of minor Plaintiff Karla Velasquez Argueta (“Plaintiff”).
DISCUSSION
Section 4b of the petition states that Petitioner is Plaintiff’s guardian ad litem. However, the Court has not appointed Petitioner to serve as Plaintiff’s guardian ad litem.
Attachment 13(B)(2)(4) states that $16,000.00 is being paid to persons “other than claimant” to settle claims arising out of the same incident. However, it appears that $15,000.00 is going to Corina Magaly Argueta while $1,000.00 is going to Plaintiff (the “claimant”).
Attachment 20b(2) states that $3,915.83 is to be deposited in insured accounts in one or more financial institutions in this state. However, the net settlement amount for Plaintiff appears to be $800.00.
In addition, Petitioner has not provided information about the financial institution in which the net settlement funds are to be deposited.
Petitioner should submit a revised petition using the most current version of the applicable Judicial Council form.
The Court denies the petition without prejudice.
CONCLUSION
The Court DENIES without prejudice the petition for expedited approval of the compromise of minor Plaintiff Karla Velasquez Argueta’s claims filed by Petitioner Corina Magaly Argueta on May 6, 2025.
Petitioner is ordered to give notice of this ruling.
Petitioner is ordered to file the proof of service of this ruling with the Court within five days.