Judge: Michael E. Whitaker, Case: 23SMCV03805, Date: 2025-03-19 Tentative Ruling

Case Number: 23SMCV03805    Hearing Date: March 19, 2025    Dept: 207

RULING

The Court has reviewed the expedited petition submitted by Petitioner Slavyana Boychenko (“Petitioner”) on behalf of Claimant Alexander Boychenko (“Claimant”), and sets a hearing on May 19, 2025 at 8:30 A.M. in Department 207 to address or resolve the following issues:

·       Petitioner has not been appointed as the Guardian Ad Litem for Claimant.  Further the Court notes that an Application and Order for Appointment of Guardian Ad Litem has not been filed with the Court.

·       Section 12:  Petitioner has not provided any explanation as to why Claimant is settling his claim for $2500 as opposed to the other plaintiffs, including Petitioner, who are apparently settling their claims for a total amount of $202,500.  (See MC-350X, §§ 12.b.2, 12.b.3 & 12.b.5.)   

·       Section 19:  If Petitioner intends for the balance of the settlement proceeds to be distributed to Petitioner per section 19.b.(4), then Petitioner shall attach a declaration to the petition which provides information in compliance with Probate Code sections 3401 and 3402 (see MC-350X, § 19.b.(4)) and justifies the disbursement of the settlement proceeds to Petitioner, as opposed to Claimant in an insured bank account  (see MC-350X, § 19.b.(2)).

            Petitioner shall file an amended petition (MC-350X) on or before May 5, 2025 with a revised MC-351 and MC-355, if applicable, addressing or resolving the issues set forth above.

            Petitioner shall provide notice of the Court’s orders and file the notice with a proof of service forthwith.      

DATED:  March 19, 2025                             ________________________________

                                                                        Michael E. Whitaker

                                                                        Judge of the Superior Court