Judge: Thomas D. Long, Case: 21STCV44534, Date: 2022-12-29 Tentative Ruling
Case Number: 21STCV44534 Hearing Date: December 29, 2022 Dept: 48
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR THE
COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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CARLOS HUMBERTO TORRES, et al., Plaintiffs, vs. JOHN K. AGAMALIAN as TRUSTEE OF JOHN AGAMALIAN
TRUST, et al., Defendants. |
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[TENTATIVE] ORDER GRANTING SECOND AMENDED
PETITION TO APPROVE MINOR’S COMPROMISE Dept. 48 8:30 a.m. December 29, 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, to be paid to Carlos Torres
Lopez, without bond, on the terms and under the conditions specified in Probate
Code sections 3401-3402.
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. Further, the Court finds the proposed attorney
fees, which amount to 25% of the settlement amount, to be fair and reasonable.
Accordingly,
the Second Amended Petition to Confirm Minor’s Compromise is GRANTED.
The
proposed order checks the box for Item 9(c)(2), which relates to deposits into
blocked accounts. However, there is no
request for a deposit into a blocked account in Item 18(b) of the Second
Amended Petition. Therefore, the Court will strike this item when signing
the proposed order. If counsel
disagrees, they are to raise this issue at the hearing. Otherwise, the Court will sign the proposed
order with this modification.
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 29th day of December 2022
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Hon. Thomas D. Long Judge of the Superior Court |