KAREN OLIVO VS INGEBORG MARIA AVENESSIAN

Tentative Rulings

Case Number: BC669676    Hearing Date: October 28, 2019    Dept: 4B

[TENTATIVE] ORDER RE: PETITIONS TO APPROVE MINOR’S COMPROMISE

Jamilson Olivo

Claimant Jamilson Olivo (“Claimant”), a minor, by and through his Guardian Ad Litem, Karen Olivo (“Petitioner”), has agreed to settle his claims against Defendant Ingeborg Maria Avanessian in exchange for $7,500.00. If approved, $765.21 will be used for medical expenses, $1,875.00 will be used for attorney’s fees, and $407.94 will be used for non-medical expenses, leaving a balance of $4,451.85 for Claimant, which will be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim. (Probate 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 requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

The unopposed Petition to approve minor’s compromise is GRANTED. However, the Court does not have an electronic proposed Order to Deposit Money Into Blocked Account (Form MC-355) or Order Approving Compromise (Form MC-351) for Jamilson. Petitioner is to file completed forms before the hearing.

The Court sets an OSC for November 25, 2019 at 8:30 a.m. in Department 4B for proof of deposit in the blocked account. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the October 28, 2019 hearing, unless the Court finds good cause to excuse their appearance. The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.

Jairo Olivo

Claimant Jairo Olivo (“Claimant”), a minor, by and through his Guardian Ad Litem, Karen Olivo (“Petitioner”), has agreed to settle his claims against Defendant Ingeborg Maria Avanessian in exchange for $7,000.00. If approved, $511.21 will be used for medical expenses, $1,750.00 will be used for attorney’s fees, and $409.08 will be used for non-medical expenses, leaving a balance of $4,329.71 for Claimant, which will be deposited into a blocked account, subject to withdrawal only upon authorization of the court.

Court approval is required for all settlements of a minor’s claim. (Probate 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 requested attorney’s fees, which amounts to approximately 25% of the total settlement, is fair and reasonable.

The unopposed Petition to approve minor’s compromise is GRANTED.

The Court sets an OSC for November 25, 2019 at 8:30 a.m. in Department 4B for proof of deposit in the blocked account. (Cal. Rules of Court, Rule 7.953(a).) If an acknowledgement of receipt by the financial institution is filed before that date, no appearance will be required.

Per California Rules of Court, Rule 7.952, Petitioner and Claimant must appear at the October 28, 2019 hearing, unless the Court finds good cause to excuse their appearance. The Court finds that Claimant’s appearance is not necessary, but will require Petitioner to appear.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.