Judge: Robert B. Broadbelt, Case: 18STCV00849, Date: 2024-01-19 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: January 22, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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18STCV00849 |
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Hearing
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January
22, 2024 |
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[Tentative]
Order RE: petition for approval of compromise of claim
for minor claimant vahe aladzadzhian |
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MOVING PARTY: Plaintiff and petitioner Karine
Aladzhanzian
RESPONDING PARTY: Unopposed
Petition for Approval of Compromise of
Claim for Minor Claimant Vahe Aladzadzhian
The court considered the moving papers filed in connection with this petition. No opposition papers were filed.
DISCUSSION
Plaintiff and petitioner Karine Aladzhanzian (“Petitioner”) seeks
court approval of the settlement made on behalf of minor claimant Vahe
Aladzadzhian.
Defendants Delpro LLC, Enterprise Van Lines, and Inez Torrez Martinez,
Jr. have agreed to pay a total of $500,000 to settle this action, of which
$125,000 is allocated to minor claimant.
(MC-350, ¶¶ 10-11.) Of the $125,000
allocated to minor claimant, $31,250 will be paid to counsel for attorney’s
fees, and $31,788.37 will paid to counsel for the reimbursement of costs. (MC-350, ¶¶ 13, 16.) The remaining $61,961.23 will be deposited in
an insured account, subject to withdrawal only upon approval of the court. (MC-350, ¶ 18, subd. (b)(2).)
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.)¿¿
The court
has reviewed the petition and finds the settlement to be fair and reasonable,
and in the best interest of minor claimant Vahe
Aladzadzhian. The court also finds that
the declaration of Armen Akaragian is sufficient to support the request for
$31,250 in attorney’s fees (representing 25 percent of the $125,000 settlement). (MC-350, Attachment 13a.)
The court therefore grants Petitioner’s Petition.
ORDER
The court grants plaintiff and
petitioner Karine Aladzhanzian’s Petition for Approval of Compromise of Claim
or Action for minor claimant Vahe Aladzadzhian.
The court sets an Order to Show Cause re filing of Receipt and Acknowledgment of
Order for the Deposit of Money into Blocked Account (Judicial Council Form
MC-356) as to minor claimant Vahe Aladzadzhian for hearing on April 23, 2024,
at 8:30 a.m., in Department 53.
The court orders plaintiff and
petitioner Karine Aladzhanzian to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court