TENTATIVE RULING

Calendar:    4

Date:          1/13/2023

Case No: 21 GDCV01266

Case Name: Torosyan, et al. v. Americana La Crescenta, LLC

COMPROMISE OF PENDING ACTION (2)

Moving Party:     Petitioner Edgar Torosyan as parent and GAL for Sofia Torosyan   

    Petitioner Edgar Torosyan as parent and GAL for Vartan Torosyan   

SUMMARY OF FACTS:

Plaintiffs Edgar Torosyan and Marina Kegeyan allege that they rented a dwelling unit located in La Crescenta from defendant Americana La Crescenta, LLC, which owned, managed and operated the apartment complex and the subject property.   

Plaintiffs allege that the subject property has suffered from, and continues to suffer from, numerous problems, including inadequate hot water, noxious and repulsive odors, and defective plumbing, and that defendant has failed and refused to maintain the subject property, has refused to expend the necessary sums to maintain the subject property in a safe and habitable condition, and has actively sought to avoid its legal obligations owed to plaintiffs.  Also named as plaintiffs in the operative complaint are plaintiffs’ minor children, Sofia Torosyan and Vartan Torosyan.  

On November 2, 2022, plaintiffs filed a Notice of Settlement of Entire Case.  

 

ANALYSIS:

Under CCP § 372, an action of a minor may be compromised by a guardian ad litem “with the approval of the court in which the action or proceeding is pending.”   

The Second District has observed that the GAL’s “purpose is to protect the rights of the minor,” but “it is the duty of the court to see that such rights are protected.”   Scruton v. Korea Air Lines Co. (1995) 39 Cal.App.4th 1596, 1605, (citing Berry v. Chaplin (1946) 74 Cal. App. 2d 652, 657). 

The petition indicates that claimants as a result of defendant’s failure to remedy uninhabitable conditions have suffered emotional distress due to the uninhabitable conditions at the subject property, have not received any care and treatment for such injuries, and have not recovered completely from the effects of the injuries but have difficulty with emotional regulation due to the effects of the uninhabitable conditions. [Petition, paras. 6-8].   

The petitions are confusing, as they indicate that defendant has offered to pay $60,000 to each claimant, when it appears from the breakdown that a total of $60,000 is to be paid to be apportioned among the plaintiffs, which each minor claimant being paid $5,000.00.  Each adult plaintiff is to be paid $25,000.00.  [See paras. 10, 11].  The minors are Sofia Torosyan, age 12, and Vartan Torosyan, age 9.   

The Proceeds are to be distributed as follows:

Medical Expenses:    0

Legal expenses advanced by counsel:   0

Attorney’s Fees: 0 

Balance of Proceeds: $5,000.00 (To be delivered to the guardian or other conservator of the estate of the minors)  

The petitions do not seek any reimbursement to third parties for medical expenses, legal expenses, or attorney’s fees. 

The petitions are irregular, however, as they indicate that there is a guardianship of the estate of each minor in the “Glendale Courthouse,” under this case number, and requests that the proceeds for each minor, $5,000.00 be paid or delivered to the guardian of the estate.  [Petitions, paras. 18 (a)].  The petition indicates that, “The money or property is specified in Attachment 18a(1).”  [Petitions, paras. 18a (1)].   There are no attachments to the petitions, and it does not appear from the file that a guardianship of an estate of either minor has been established in this case. 

This issue will be discussed at the hearing, as it appears that the intention is that the funds be delivered to the petitioner, as GAL, without restrictions or the protections of an estate or trust for the benefit of the minors.    

The court will require further information concerning the existence and terms of the minors’ estates referenced in the petition, and would, under the circumstances, prefer that the funds be deposited in insured accounts for the minors, subject to withdrawal only on authorization of the court.  If there are guardianships of estates, the petitions would then be made under paragraph 18a (3)(c), with all supporting documentation.  If there are no guardianships of estates, the petitions would then be made under paragraph 18b(2), with all supporting documentation. 

This issue will be discussed at the hearing, and if the petitions can be modified and supplemented at the hearing, the petitions will be granted.  Otherwise, the petitions will be continued for further information and determinations or denied without prejudice. 

RULING:

[No Opposition] 

The Court will hear argument concerning the paragraphs of the Petitions concerning “Disposition of balance for claimant.”  The Court is inclined to require that the proceeds from the compromise be deposited in insured accounts for the benefit of the minor claimants, subject to withdrawal only on authorization of the Court.   

Petition for Approval of Compromise of Claim or Action of Disposition of Proceeds of Judgment for Minor or Person with a Disability as to Claimant Sofia Torosyan is GRANTED, AS MODIFIED. 

Petitioner is ordered to complete and submit an appropriate Order to Deposit Money into Blocked Account and Order Approving Compromise of Claim or Action, for signature by the Court.

Or, alternatively, upon the court’s discretion, if no proper showing is made. 

Petition for Approval of Compromise of Claim or Action of Disposition of Proceeds of Judgment for Minor or Person with a Disability as to Claimant Sofia Torosyan is CONTINUED OR DENIED WITHOUT PREJUDICE. 

Petition for Approval of Compromise of Claim or Action of Disposition of Proceeds of Judgment for Minor or Person with a Disability as to Claimant Vartan Torosyan is GRANTED, AS MODIFIED. 

Petitioner is ordered to complete and submit an appropriate Order to Deposit Money into Blocked Account and Order Approving Compromise of Claim or Action, for signature by the Court.

Or, alternatively, upon the court’s discretion, if no proper showing is made,

Petition for Approval of Compromise of Claim or Action of Disposition of Proceeds of Judgment for Minor or Person with a Disability as to Claimant Vartan Torosyan is CONTINUED OR DENIED WITHOUT PREJUDICE. 

GIVEN THE CORONAVIRUS CRISIS, AND TO ADHERE TO HEALTH GUIDANCE THAT DICTATES SAFETY MEASURES, DEPARTMENT D IS ENCOURAGING AUDIO OR VIDEO APPEARANCES

Please make arrangement in advance if you wish to appear via LACourtConnect/Microsoft Teams by visiting www.lacourt.org to schedule a remote appearance.  Please note that LACourtConnect/Microsoft Teams offers free audio and video appearance. Counsel and parties (including self-represented litigants) are encouraged not to personally appear.  With respect to the wearing of face masks, Department D recognizes that currently, the Los Angeles Department of Public Health strongly recommends masks indoors, especially when interacting with individuals whose vaccination status is unknown; for individuals who have a health condition that puts them at higher risk for severe illness; individuals who live with someone who is at higher risk; and for individuals who are around children who are not yet eligible for vaccines.  In accordance with this guidance, it is strongly recommended that anyone personally appearing in Department D wear a face mask.  The Department D Judge and court staff will continue to wear face masks.  If no appearance is set up through LACourtConnect/Microsoft Teams, or otherwise, then the Court will assume the parties are submitting on the tentative.