Judge: Thomas D. Long, Case: 21STCV44534, Date: 2022-11-01 Tentative Ruling

Case Number: 21STCV44534    Hearing Date: November 1, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CARLOS HUMBERTO TORRES, et al.,

                        Plaintiffs,

            vs.

 

JOHN K. AGAMALIAN as TRUSTEE OF JOHN AGAMALIAN TRUST, et al.,

 

                        Defendants.

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      CASE NO.: 21STCV44534

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE PETITION TO APPROVE MINOR’S COMPROMISE

 

Dept. 48

8:30 a.m.

November 1, 2022

 

Claimant Jesuri Torres, a minor, by and through his parent and guardian ad litem, Carlos Torres Lopez, has agreed to settle his claims against Defendant John K. Agamalian, individually and as trustee of John Agamalian Trust, in exchange for $2,000.00.  If approved, $500.00 will be used for attorney fees, leaving a balance of $1,500.00 for Jesuri Torres.

Court approval is required for all settlements of a minor’s claim.  (Probate Code, §§ 3500, 3600, et seq.; Code Civ. Proc., § 372.)  The Court has reviewed the proposed settlement and finds that it is fair and reasonable.

However, Item 18(b)(1) of the Petition indicates that Petitioner requests that a guardian of the estate of the minor or a conservator of the estate of the adult person with a disability be appointed.  Item 8(b)(2) of the Proposed Order indicates, “A settlement draft for the sum of $1,500.00 shall be made payable to ‘Carlos Torres Lopez, guardian ad litem and father of Plaintiff Jesuri Torres.’”  Item 9(b)(2) of the Proposed Order also indicates that the balance of the proceeds will be deposited into a blocked account.  These requests are inconsistent.

Additionally, the attorney agreement at Attachment 17 is in Spanish and does not include an English translation certified under oath by a qualified interpreter.  (California Rules of Court, rule 3.1110(g).)

The Petition to Confirm Minor’s Compromise is DENIED WITHOUT PREJUDICE.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

         Dated this 1st day of November 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court