Judge Robert B. Broadbelt, Case Number: 18STCV00849, Date: 2025-03-26 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 18STCV00849, Date: 2025-03-26 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.

MOVING PARTIES: Plaintiffs Karine Aladzhanzian, Vardevar Aladzadzhian, and Vahe Aladzadzhian

(2) Petition for Approval of Compromise of Claim for Minor Claimant Vahe Aladzadzhian

The court considered the moving papers filed in connection with the motion to seal and petition for approval of minor’s compromise. No opposition papers were filed.

Plaintiffs Karine Aladzhanzian, Vardevar Aladzadzhian, and Vahe Aladzadzhian (“Plaintiffs”) move the court for an order filing under seal the Petition to Approve Compromise of Claim for Minor Claimant Vahe Aladzadzhian (“Minor Claimant”). Specifically, Plaintiffs seek to seal the portions of the petition that set forth the amounts of the settlement allocated to the parties and to Minor Claimant, as set forth in (1) sections 10, 11, 15, 16, 17, 18 of the petition, and (2) Attachments 11b(6), 13a, 18b(3) to the petition.

Generally, court records are presumed to be open unless confidentiality is required by law.¿ (Cal. Rules of Court, rule 2.550, subd. (c).)¿ If the presumption of access applies, the court may order that a record be filed under seal “if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.”¿ (Cal. Rules of Court, rule 2.550, subd. (d).)¿¿¿¿

The court finds that (1) there exists an overriding interest that overcomes the right of public access to the portions of the petition specified above to protect the interests of Minor Claimant, including protecting Minor Claimant “from unsolicited contact by third party financial advisors” or other third parties; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored, seeking to seal only the portions of the petition that set forth the settlement amount or information from which the settlement amount can be calculated; and (5) no less restrictive means exist to achieve the overriding interest. (Cal. Rules of Ct., rule 2.550, subd. (d); Mot., p. 3:24-27; Akaragian Decl., ¶ 4.) The court therefore grants Plaintiffs’ motion to seal the petition to approve the compromise of claim on behalf of Minor Claimant.

The court also grants Plaintiffs’ request to seal the court’s orders on the petition. (Cal. Rules of Ct., rule 2.551, subd. (c) [“A record filed publicly in the court must not disclose material contained in a record that is sealed . . . .”].) The court, however, notes that Petitioner did not lodge with the court unredacted versions of (1) the “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability” (Form MC-351), and (2) the “Order to Deposit Funds in Blocked Account” (Form MC-355). The court has prepared its own versions of those orders that includes the sealed information, which the court will file under seal pursuant to this order.

Petitioner Karine Aladzhanzian (“Petitioner”) seeks court approval of the settlement made on behalf of Minor Claimant in this action.

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.)¿¿¿¿

Defendants Rush Enterprises, Inc., Rush Truck Centers of California, Inc., and Rush Truck Centers of California, Inc., d/b/a Rush Truck Center, Whittier, have agreed to settle this action with Plaintiffs for a confidential settlement amount. (MC-350, ¶ 10.) Of the settlement amount allocated to Minor Claimant, $87,273.27[1] will be paid to counsel for advanced costs and a confidential amount will be paid to counsel for attorney’s fees. (MC-350, ¶ 13.) Of the remaining confidential amount to be distributed to Minor Claimant, a portion thereof will be deposited in an insured account, subject to withdrawal only on authorization of the court, and the remaining will be used to purchase a single-premium deferred annuity, subject to withdrawal only on authorization of the court. (MC-350, ¶¶ 10, subd. (c), 18, subds. (b)(2), (b)(3).)

The court has reviewed the unredacted version of the petition filed under seal with the court and finds the settlement to be fair and reasonable, and in the best interest of Minor Claimant. The court further finds that the declaration of Armen Akaragian is sufficient to support the request for attorney’s fees, which represents a reasonable percentage of the gross settlement allocated to Minor Claimant. (MC-350, Attachment 13a, Akaragian Decl., ¶¶1, 4-5.)

The court grants plaintiffs Karine Aladzhanzian, Vardevar Aladzadzhian, and Vahe Aladzadzhian’s motion for order sealing portions of minor’s compromise petition.

The court orders that the unredacted version of the “Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability,” as attached to “Plaintiffs’ Notice of Lodging in Support of Motion for an Order Sealing Portions of Minor’s Compromise Petition,” lodged with the court on or around March 17, 2025, shall be filed under seal.

The court grants petitioner Karine Aladzhanzian’s petition to approve compromise of claim on behalf of minor claimant Vahe Aladzadzhian.

The court orders that the unredacted versions of (1) the “Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability” (Form MC-351), and (2) the “Order to Deposit Funds in Blocked Account” (Form MC-355) shall be filed under seal. The court orders that redacted versions of those orders shall be filed in the public record.

The court sets for hearing an Order to Show Cause re (1) proof of purchase of annuity, and (2) filing Receipt and Acknowledgement of Order for the Deposit of Money into Blocked Account on June 9, 2025, at 8:30 a.m., in Department 53.

Pursuant to California Rules of Court, rule 2.551, subdivision (e), the court directs the clerk to file this order, maintain the records ordered sealed in a secure manner, and clearly identify the records as sealed by this order.

The court orders plaintiffs Karine Aladzhanzian, Vardevar Aladzadzhian, and Vahe Aladzadzhian to give notice of this ruling.

[1] The parties have not moved to seal this amount because it does not disclose the settlement amount made to Minor Claimant or provide information from which the settlement amount could be calculated.

karine aladzhanzian , et al.; Plaintiffs, vs. delpro llc , et al.; Defendants.	Case No.:	18STCV00849

	Hearing Date:	March 26, 2025

	Time:	10:00 a.m.

	[tentative] Order RE: (1) plaintiffs’ motion for order sealing portions of minor’s compromise petition (2) petition for approval of compromise of claim for minor claimant vahe aladzadzhian