Petition to Approve Compromise of Minor (Judge Holly J. Fujie)


Case Number: BC524446??? Hearing Date: April 10, 2017??? Dept: 98

DANIEL POGHOSYAN, a minor, by and through his Guardian ad Litem, ARA POGHOSYAN, et al.,

Plaintiffs,

vs.

NARINE KHACHATRYAN, et al.,

Defendants.

Case No.: BC524446

[TENTATIVE] ORDER RE: PETITION TO APPROVE COMPROMISE OF MINOR

Dept. 98
1:30 p.m.
April 10, 2017

On October 15, 2013, Plaintiffs Daniel Poghosyan, a minor, by and through his Guardian ad Litem, Ara Poghosyan (?Claimant?) and Ara Poghosyan (?Petitioner?) filed this action for alleged damages arising out of an October 16, 2011 incident in which a basketball hoop system fell on Claimant?s head. Claimant has agreed to settle his claim with Defendant Narine Khachatryan in the amount of $45,987.50. If approved, $15,389.40 of the settlement proceeds will be used for medical expenses, $11,250.00 for attorney?s fees, and $1,336.46 for expenses, for a remaining balance of $18,011.64. Petitioner states that there is a guardianship of the estate and requests that the remaining balance be deposited in an insured account, subject to withdrawal only upon authorization of the Court.

Court approval is required for all settlements of a minor?s claim. Cal. Probate Code ?? 3500, 3600, et seq.; Cal. Code of Civ. Proc. ? 372. . The Court has reviewed the proposed settlement and finds that it is fair and reasonable. The Court further finds the requested attorney?s fee, which amounts to 25% of the total settlement, to be fair and reasonable. The Court is therefore inclined to grant the Petition

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the hearing, unless the Court finds good cause to excuse their appearance. The Court requires both Petitioner and Claimant?s appearance at the hearing.

Further, the Court notes that the Petition reflects that there is a guardianship of the estate, but Petitioner has not provided a separate case number for the guardianship. It is unclear to the Court whether there truly is a guardianship of the estate or whether Petitioner mistakenly believes that a Guardian ad Litem is equivalent to a guardian of the estate. If there is a guardianship of the estate, Petitioner is ordered to provide evidence of such at the time of hearing. If there is no guardianship, Petitioner is instructed to provide an Amended Petition which reflects the appropriate disposition of proceeds.

In light of the foregoing, the Petition will be GRANTED on the conditions that Petitioner and Claimant appear at the hearing and Petitioner either provides evidence to the satisfaction of the Court that a guardianship of the estate exists or an Amended Petition.

Dated this 10th day of April, 2017

Hon. Holly J. Fujie
Judge of the Superior Court