Judge: Robert B. Broadbelt, Case: 18STCV00849, Date: 2023-03-30 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 18STCV00849    Hearing Date: March 30, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Petitioner Karine Aladzhanzian        

RESPONDING PARTY:       Unopposed

Petition to Approve Compromise of Pending Action on Behalf of Minor Claimant Vahe Aladzhanzian

The court considered the moving papers filed in connection with this petition.  No opposition papers were filed.

BACKGROUND

Plaintiffs Karine Aladzhanzian, Vardevar Aladzadzhian, and Vahe Aladzhanzian, a minor by and through his Guardian ad Litem Karine Aladzhanzian, filed this action on October 15, 2018, and filed their operative First Amended Complaint on August 4, 2021, against, inter alia, Par Engineering, Inc. (“Defendant”).

Petitioner Karine Aladzhanzian seeks court approval of the settlement entered into between Defendant and minor claimant Vahe Aladzhanzian.

Defendant has agreed to pay a total of $1,250,000 to settle this action with minor claimant.[1]

Of the $1,250,000 that is allocated to minor claimant, $36,261.27 will be used to pay advanced litigation costs and $312,500 will be used to pay claimant’s attorney’s fees.  (MC-350, ¶ 13, subds. (a), (b).)  Minor claimant will receive a net settlement of $901,238.73, to be distributed as follows:  (1) $201,238.73 will be deposited in insured accounts, subject to withdrawal only on authorization of the court, and (2) $700,000 will be invested in a single-premium deferred annuity, subject to withdrawal only on authorization of the court.  (MC-350, ¶¶ 16, 18, subds. (b)(2), (b)(3).)

LEGAL STANDARD

The compromise of a minor’s disputed claim for damages is valid only after it has been approved, upon the filing of a petition, by the court.  (Prob. Code, § 3500.)  The petition must be verified by the petitioner, must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, and must be prepared on judicial council form MC-350.  (Cal. Rules of Court, rule 7.950.) 

DISCUSSION

The court has reviewed the petition filed with the court and finds that the $1,250,000 settlement by and between minor claimant Vahe Aladzhanzian and defendant Par Engineering, Inc., is fair and reasonable, and in the best interests of minor claimant Vahe Aladzhanzian.

The court finds that the declaration of Armen Akaragian, counsel for minor claimant, is sufficient to support the 25 percent request ($312,550) for attorney’s fees.  (Akaragian Decl., ¶¶ 4-6.)

The court therefore grants petitioner Karine Aladzhanzian’s petition for approval of compromise of claim on behalf of minor claimant Vahe Aladzhanzian.

The court, however, notes that petitioner Karine Aladzhanzian has not filed a proposed “Order to Deposit Funds in Blocked Account” (Judicial Council form MC-355) as required.  (MC-351, ¶ 8, subd. (b)(1).)  The court therefore orders petitioner Karine Aladzhanzian to file a proposed Order to Deposit Funds in Blocked Account with the court no later than April 7, 2023.

The court sets an Order to Show Cause re (1) filing of Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account (Form MC-356), and (2) filing proof of purchase of single-premium deferred annuity for hearing on _________________, 2023, at 8:30 a.m., in Department 53.

The court orders petitioner Karine Aladzhanzian to give notice of this ruling.

IT IS SO ORDERED.

DATED:  March 30, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court