Judge: Michael E. Whitaker, Case: 22STCV01468, Date: 2023-03-21 Tentative Ruling

Case Number: 22STCV01468    Hearing Date: March 21, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

RULING

The Court has reviewed the petition by Petitioner Lilit Martirosyan (Petitioner) on behalf of Claimant Gagik Nikoloyan (Claimant) and continues the hearing to April 11, 2023 at 1:30 P.M. in Department 32 to address or resolve the following issues:

·       Section 18:  The Court finds section 18 to be unclear as to how Petitioner seeks to disburse claimant’s settlement funds.  Petitioner marks section 18b.(5) which indicates $4,812.82 shall be paid or delivered to a parent of the minor, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402.  However, as is indicated in section 16, claimant has only $4,700.32 remaining of the settlement amount after fees and expenses are paid from the proceedings.  Further, Petitioner marks section 18b.(8) which seeks to have claimants pay out in the amount of $4,700.32 to be held on any conditions the court determines are in the best interest of the minor or the adult person with a disability.  Sections 18b.(5) and 18b.(8) as currently marked create ambiguity.  

·       Further, if Petitioner does intend for the balance of settlement proceeds to be distributed to her per section 18b.(5), then Petitioner shall attach a declaration to the petitions which provides information in compliance with Probate Code sections 3401 and 3402 (see § 18b.(5)) and justifies the disbursement of the settlement proceeds to Petitioner, as opposed to Claimant. 

Petitioner shall file an amended petition on or before April 4, 2023 with a revised MC-351, if applicable, addressing or resolving the issues set forth above.   Petitioner shall provide notice of the Court’s orders and file a proof of service regarding the same.