Judge: Serena R. Murillo, Case: 20STCV42636, Date: 2023-04-27 Tentative Ruling

Case Number: 20STCV42636    Hearing Date: April 27, 2023    Dept: 29

TENTATIVE

The Court has reviewed the Expedited Petitions to Approve Compromise of Pending Action of Minors (David Zarikyan, Age 7; and Adam Zarikyan, Age 11). The Court DENIES the petition.

A petition for minor’s compromise must be filed instead of an expedited petition for the following reasons: The total settlement amount is more than $50,000; all Defendants have not appeared and therefore are not participating in the compromise or alternatively, the court has not determined the settlement to be in good faith.

Moreover, the following defects preclude the granting of petitions at this time, irrespective of whether the petition is expedited or not:

(1)  Defendants have not been served with the petitions.

(2)  As to Adam’s petition, the reduction agreements for medical expenses from Spectrum Health Center and Center for Orthopedics and Sports Excellence must be included.

(3)  As to the proposed order granting Adam’s petition, the gross settlement amount is not listed under item 7a.

(4)  As to Davit’s petition, the Medi-Cal lien is not attached.

(5)  As to the proposed order granting Davit’s petition, the total allowance of fees is incorrectly listed as $1,281.41, but in the petition, it states it is $1,284.10.

Accordingly, the Court schedules a hearing on this petition for June 1, 2023 at 1:30 p.m. in Department SS-29. Counsel is ordered to correct the defects described above by filing petitions for minor’s compromise (rather than expedited petitions), attach the Medi-Cal lien and reduction agreements, correct the proposed orders, and serve Defendants with the petitions, then file proof of service.

Moving party is ordered to give notice.