Judge: Stephen P. Pfahler, Case: 22CHCV01250, Date: 2023-11-27 Tentative Ruling
Case Number: 22CHCV01250 Hearing Date: January 3, 2024 Dept: F49
Dept.
F-49
Hearing
Date: 1-3-24 c/f 11-27-23
Case:
#22CHCV01250
Trial Date: Not Set
MINORS COMPROMISE
MOVING
PARTY: Plaintiff, Alfost Khalatyan
RESPONDING
PARTY: Unopposed
RELIEF
REQUESTED
Minors
Compromise
SUMMARY
OF ACTION
On
December 3, 2021, Plaintiffs were involved in an automobile accident. On November
29, 2022, Plaintiffs filed their complaint for Motor Vehicle and Negligence.
RULING: Continued.
Plaintiff Ruzanna Hovhannisyan submits a petition for
approval for minors compromises on behalf of Alfost Khalatyan (16) for a settlement
with defendant Mario Valenzula for $11,000. Petitioner represents total deductions
of $5,500 as follows: $56.25 in medical expenses to the Department of
Healthcare Services, and $2,7500 in attorney fees (25%), thereby leaving a net
balance of $5,500.
The settlement exceeds $5,000 and the payment will therefore
be deposited into a block account. (Probate Code §§ 3610, 3611, subd. (b).)
The petition itself however continues
lacks any proof of service. (Code Civ. Proc., § 1005, subd. (b).) The
court previously continued the hearing to January 3, 2024, with an order for
Petitioner to file a proof of service of the petition and notice of new
hearing. The court electronic filing system again shows no proof of service.
The court again continues the hearing to March 27, 2024, and will set an OSC
re: Sanctions against Counsel for Failure to Serve the Minors Compromise.
The court will also set a hearing to verify the deposit of
funds into the block account upon approval of the petition.
Moving party to give notice.