MEY CHOU ET AL VS ENRIQUE SERA JR ET AL

Tentative Rulings

Case Number: BC589809    Hearing Date: November 25, 2019    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Two petitions were filed by a single petitioner to: (1) approve compromise of pending action; and (2) approve compromise of disputed claim with respect to the minors below. No oppositions were filed to the respective petitions.

PETITION ON BEHALF OF ISABEL CHOU

Petitioner and guardian ad litem Mey Chou petitioned to approve compromise of pending action on behalf of Claimant Isabel Chou. The petition is unopposed.

Under the terms of the compromise, Claimant will receive a gross sum of $8,500.00 of which: (1) $2,125.00 will be used to pay attorneys’ fees and litigation costs; (2) $1,757.63 will be used to pay medical expenses; (3) and $761.65 will be used to pay expenses other than medical expenses. Claimant will be left with a net balance of proceeds of $3,855.97 that is proposed to be paid or delivered to a parent of the minor, upon the terms and under the conditions specified in Probate Code Sections 3401-3402, without bond. (Petition at ¶ 19(b)(5).)

While the petition represents that the name and address of the parent and the money or other property to be delivered are specified in Attachment 19b(5) to the Petition, there is no Attachment 19b(5) that is attached to the Petition. The proposed order approving the compromise of pending action on behalf of Claimant Isabel Chou indicates that the net balance of proceeds will be placed in a blocked account at Wells Fargo located at 2500 South Grove Avenue in Ontario, CA 91761. (Proposed Order at ¶ 8.) Thus, there is a discrepancy based on the Petition and proposed order as to where the net balance of proceeds will go.

Although the petition is unopposed, the Court DENIES WITHOUT PREJUDICE the petition to approve compromise of pending action on behalf of Claimant Isabel Chou due to: (1) the discrepancy indicated above with respect to the petition and proposed order on where the net balance of proceeds will be placed.

PETITION ON BEHALF OF NAYELI CHOU

Petitioner and guardian ad litem Mey Chou petitioned to approve compromise of disputed claim on behalf of Claimant Nayeli Chou. The petition is unopposed.

Under the terms of the compromise, Claimant will receive a gross sum of $8,500.00 of which: (1) $2,125.00 will be used to pay attorneys’ fees and litigation costs; (2) $2,539.54 will be used to pay medical expenses; (3) and $737.35 will be used to pay expenses other than medical expenses. Claimant will be left with a net balance of proceeds of $3,098.11 that is proposed to be paid or delivered to a parent of the minor, upon the terms and under the conditions specified in Probate Code Sections 3401-3402, without bond. (Petition at ¶ 19(b)(5).)

While the Petition represents that the name and address of the parent and the money or other property to be delivered are specified in Attachment 19b(5) to the Petition, there is no Attachment 19b(5) that is attached to the Petition. The proposed order approving the compromise of pending action on what the Court presumes is with respect to Nayeli Chou does not state the name of the Claimant as that section of the proposed order is left blank. (See Proposed Order at ¶ 4.) The proposed order indicates that the net balance of proceeds will be placed in a blocked account at Wells Fargo located at 2500 South Grove Avenue in Ontario, CA 91761. (Proposed Order at ¶ 8.) There exists a discrepancy based on the Petition and proposed order as to where the net balance of proceeds will go.

Although the petition is unopposed, the Court DENIES WITHOUT PREJUDICE the petition to approve compromise of pending action on behalf of Claimant Nayeli Chou due to: (1) the discrepancy indicated above with respect to the Petition and proposed order on where the net balance of proceeds will be placed; and (2) the proposed order form with respect to who the Court presumes is Claimant Nayeli Chou not indicating the name of the claimant.

Counsel is to refile the petitions with respect to Claimants Isabel Chou and Nayeli Choi so that all the required attachments are present and the Petition and proposed order with respect to each claimant is accurate and complete.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 25th day of November 2019