Judge: Thomas D. Long, Case: 21STCV44534, Date: 2022-11-23 Tentative Ruling

Case Number: 21STCV44534    Hearing Date: November 23, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

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.  (Prob. 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 18a of the Amended Petition indicates that there is a guardianship of the estate of the minor, and Item 18a(1) requests that the proceeds be paid or delivered to the guardian or conservator of the estate.  The Amended Petition indicates that the guardianship of the estate is Case No. 21STCV44534 – this action.  Although a guardian ad litem was appointed to represent Claimant here, that is not the same as a guardianship of the estate of the minor.  (See, e.g., Code Civ. Proc., § 372, subd. (a)(1).)

Item 8b(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.’”

It appears, based on the Proposed Order, that Claimant and his guardian ad litem may be seeking disposition of the balance of the proceeds pursuant to Item 18b(5).  If so, they are to file an amended petition indicating that, along with the required Attachment 18b(5).

If not, then they are to file an amended petition either (1) properly identifying the guardianship of the estate or conservatorship of the estate and its case number, with a proposed order disbursing the proceeds to the guardian or conservator; or (2) indicating no guardianship of the estate and selecting the requested disposition method, with a proposed order for that requested disposition method.

The Amended 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 23rd day of November 2022