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

 

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 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.

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 29th day of December 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court