Judge: Lynne M. Hobbs, Case: 24STCV06823, Date: 2025-06-11 Tentative Ruling
Case Number: 24STCV06823 Hearing Date: June 11, 2025 Dept: 61
YENNY PENA GARCIA, AN INDIVIDUAL, et al. vs SAMVEL LEVONI GASPARYANI, AN INDIVIDUAL
Tentative
Plaintiff Yenny Pena Garcia’s Petitions to Approve Minor’s Compromise for Claimants A.C. and M.C. are GRANTED.
Plaintiffs to give notice.
Analysis
I. PETITION FOR MINOR’S COMPROMISE
Minors or people without legal capacity to make decisions must appear in court by a guardian, conservator of the estate, or guardian ad litem. (Code Civ. Proc. § 372, subd. (a)(1).) Such person appearing in court on behalf of the minor or person without capacity has the power to compromise the claims of the represented person, “with the approval of the court.” (Ibid.) The requirement of court approval exists “to protect the best interests of the minor.” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.)
“A petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor's disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition.” (CRC Rule 7.950.)
If an attorney assisted in the preparation of the petition, the petition must disclose: “(1) The name, state bar number, law firm, if any, and business address of the attorney; (2) Whether the attorney became involved with the petition, directly or indirectly, at the instance of any party against whom the claim is asserted or of any party's insurance carrier; (3) Whether the attorney represents or is employed by any other party or any insurance carrier involved in the matter; (4) Whether the attorney has received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, and, if so, the amounts and the identity of the person who paid the fees or other compensation; (5) If the attorney has not received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, whether the attorney expects to receive any fees or other compensation for these services, and, if so, the amounts and the identity of the person who is expected to pay the fees or other compensation; and (6) The terms of any agreement between the petitioner and the attorney.” (CRC Rule 7.951.)
The petitioner and claimant must attend the hearing on the petition unless the court for good cause orders otherwise. (CRC Rule 7.952, subd. (a).)
In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.
The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events. (CRC Rule 7.955, subd. (a)(1)–(2).)
Plaintiff Yenny Pena Garcia brings the present petitions to approve compromise on behalf of minor claimants A.C. and M.C. Defendant Samvel Levoni Gasparyani (Defendant) is to pay a gross settlement amount of $35,000, with Plaintiff Garcia to receive $30,000, and each of the minor plaintiffs to receive $2,500. (Petition at p. 3.) Each of the claimants’ portions are to have deductions of $350 for payment of medical expenses. (Petition at p. 4.) Claimants are also to pay $625 in attorney fees, pursuant to a 25% contingency fee agreement. (Petition at p. 4; Heidari Decl. ¶ 7, Exh. A.) Thus the claimants are to receive a total net payment of $1,507.94.*
Plaintiffs’ counsel provides a declaration attesting to the work performed on this matter and the agreement pursuant to which he was retained. (Heidari Decl. ¶¶ 3–5.)
The funds are to be delivered to Plaintiff Garcia pursuant to Probate Code §§ 3401–3402. The relevant statute provides as follows.
Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor entitled to the custody of the minor to be held in trust for the minor until the minor reaches majority if the requirements of subdivision (c) are satisfied.
. . .
(c) This section applies only if both of the following requirements are satisfied:
(1) The total estate of the minor, including the money and other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.
(2) The parent to whom the money or other property is to be paid or delivered gives the person making the payment or delivery written assurance, verified by the oath of such parent, that the total estate of the minor, including the money or other property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.
(Code Civ. Proc. § 3401, subd. (a), (c).) Plaintiff Garcia has provided the verified assurances required under this statute. (Petition Att. 19b(4).)
Plaintiffs have shown good cause for approval of the compromise presented, in the apportionment of the settlement to Green and the attorney fees requested.
The petitions are GRANTED.
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*Claimant A.C. is to receive a $1,507.93, based on a one-cent difference in the apportionment of costs.