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MC-351
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:243273 FOR COURT use ONLY
NAME:santosh Naravan
FIRM NAME:f^aravan Law. APC
STREET ADDRESS:225 S. Lake Avenue. Suite 300
CITY: Pasadena state: zip code:
TELEPHONE NO..(626)-432-5435' ' - '. -- fax no.: -
EMAIL ADDRESS snaravan(2!naravanleQal.com
ATTORNEY FOR (Name) Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno
STREET ADDRESS: 1130 "0" Street
MAILING ADDRESS:(same)
CITY AND ZIP CODE:pfggpQ
BRANCH NAME: g psjsk COUrthOUSe
RECEIVED
CASE NAME: 1/19/2021 10:46 AM
Tovar V. Guiterrez FRESNO
By: COUNTY
A. Ramos, SUPERIOR COURT
Deputy
CASE NUMBER:
ORDER APPROVING COMPROMISE OF CLAIM OR ACTION 20CECG02952
OR DISPOSITION OF PROCEEDS OF JUDGMENT
HEARING DATE, IF ANY: DEPT.:
FOR MINOR OR PERSON WITH A DISABILITY
1. Hearing
a. I K INo hearing was held. The matter is eligible for expedited approval under rule 7.950.5 of the California Rules of Court.
b. I IA hearing was held: Date; Time: Dept.:
c. Judicial officer:
2. Petitioner(name or pseudonym'): Soohia Ortiz
is the (check all relationships or representative capacities that apply):
">n parent I x I guardian ad litem"
\ I guardian I I conservator | |other (specify):
of the claimant named in item 3. Petitioner has requested approval of the compromise or settlement of a disputed claim or pending
action or the disposition of the proceeds of a judgment for a minor or a person with a disability.
('Petitioner was appointed guardian ad litem under a pseudonym.(See Code Civ. Proc., § 372.5.))
3. Claimant(name): Serenitv Tovar
a. I * Iis a minor.
b. I I is a "person with a disability" within the meaning of Probate Code section 3603 who Is:
(1) I IAn adult. Claimant's date of birth is (specify):
(2) I IA minor described in Probate Code section 3603(b)(3).
4. Defendant
The claim or action to be compromised or settled is asserted, or the judgment is entered, against(name of settling orjudgment
defendant or defendants (the "payer")):
Lazaro Gutierrez
THE COURT FINDS
5. IX INotice has been given as required by law.
6. a. I IThe claimant is an adult who has the capacity to consent to this order within the meaning of Probate Code section 812 and
does not have a conservator of the estate. The claimant has given express consent to this order.
b. I IThe claimant's consent to this order is not required because the claimant is a minor, a conservatee, or a person who lacks
the capacity to consent to the order within the meaning of Probate Code section 812.
Page 1 of 4
Form Adopted for Mandatory Use Code of Civil Procedure. § 372;
Judicial Counol of California ORDER APPROVING COMPROMISE OF CLAIM OR ACTION Probate Code.§§ 3500.3600-3613;
MC-351 [Rev. January 1,2021) OR DISPOSITION OF PROCEEDS OF JUDGMENT Cal. Rules of Court, rules 3.1384.7.953
wwv/.courts ca.gov
FOR MINOR OR PERSON WITH A DISABILITY
MC-351
CASE NAME: CASE NUMBER:
THE COURT ORDERS
6. The petition is granted and the proposed compromise or settlement, or the proposed disposition of the proceeds of the judgment, is
approved. The gross amount or value of the settlement or judgment in favor of claimant is: $ 7500.00.
7. I IUntil further order of the court, jurisdiction is reserved to determine a claim for a reduction of a Medi-Cal lien under Welfare
and Institutions Code section 14124.76. The amount shown payable to the Department of Health Care Services in item 8a(4)
of this order is the full amount of the lien claimed by the department but is subject to reduction on further order of the court
upon determination of the claim for reduction.
8. The payer must disburse the proceeds of the settlement or judgment approved by this order in the following manner:
a. Payment of fees and expenses
Fees and expenses shall be paid by one or more checks or drafts drawn payable to the order of the petitioner and the
petitioner's attorney, if any, or directly to third parties entitled to receive payment identified in this order for the following items of
expense or damage, which are hereby authorized to be paid out of the proceeds of the settlement or judgment:
(1} I * I Attorney's fees in the total amount of: $ 2500.00 payable to (specify):
Naravan Law APC
(2) IK I Reimbursement for medical and all other expenses paid by the petitioner or the petitioner's
attorney in the total amount of: $ 218.25
(3) IX I Medical, hospital, ambulance, nursing, and other similar expenses payable directly to
providers as follows, in the total amount of: $ 2399.42
(a) Payee (name): California Deoartment of Health Care Services
(i) address: pq 997425, Sacramento CA 95899-7425
(ii) Amount: $229.74
(b) Payee (name): Adventist Medical Center-Reedlev
(1) address: P.O.Box810
Hanford, CA 93232-0810
(ii) Amount: $2^169.68
I IContinued on Attachment 8a(3). (Provide information about additional payees in the above format.)
(4) I IOther authorized disbursements payable directly to third parties in the total amount of: $
(Describe and state the amount of each item and provide the name and address of each payee):
I IContinued on Attachment 8a(4).
(5) IX ITotal allowance for fees and expenses from the settlement or judgment: $ 2718.25
MC.351 {Rev January 1. 2021] ORDER APPROVING COMPROMISE OF CLAIM OR ACTION page 20f4
OR DISPOSITION OF PROCEEDS OF JUDGMENT
FOR MINOR OR PERSON WITH A DISABILITY
IVIC-351
CASE NAME: CASE NUMBER:
8. b. Balance for claimant
The balance of the settlement or judgment available for claimant after payment of all allowed
fees and expenses is: $ 2382.33
The balance shall be disbursed as follows:
{1) I* IBy one or more checks or drafts In the total amount of (specify): $ 2382.33
drawn payable to the order of the petitioner in the petitioner's representative capacity. Each check or draft must bear
an endorsement on the face or reverse that it is for deposit in one or more interest-bearing, federally insured accounts
in the name of the petitioner in the petitioner's representative capacity. No withdrawals may be made from these
accounts ("blocked accounts") except as provided in the Order to Deposit Funds in Blocked Account(form MC-355)
signed at the same time as this order.
(2) I IBy the following method(s)(describe eacti method, including the amount to be disbursed by each):
I IContinued on Attachment 8b(2).
(3) â–¡â–¡ If money is to be paid to a special needs trust under Probate Code section 3604, all statutory liens in favor of the state
Department of Health Care Services, the state Department of State Hospitals, the state Department of Developmental
Services, and any city and county in California must fi rst be satisfied by the following method
(specify):
I IContinued on Attachment 8b(3).
9. I K IFurther orders of the court conceming blocked accounts
The court makes the following additional orders concerning any part of ftie balance ordered to be deposited in a blocked account
under item 8b(1):
a. Within 48 hours of receipt of a check or draft described in item 8b(1). the petitioner and the petitioner's attorney, if any, must
deposit the check or draft in the name of petitioner in the petitioner's representative capacity in one or more blocked accounts at
(specify name, branch, and address of each depository, and the amount of each account):
Bank of America. 240 E Tulare Street, Dinuba CA 93618 in the amount of $2382.33. In the alternative, if this bank branch is
closed to due the COVID-19 pandemic, funds may be deposited at any Bank of America branch in Fresno County.
I IContinued on Attachment 9a.
MC^51IR#V January 1.2021) ORDER APPROVING COMPROMISE OF CLAIM OR ACTION pa9e3of4
OR DISPOSITION OF PROCEEDS OF JUDGMENT
FOR MINOR OR PERSON WITH A DISABILITY
MC-351
CASE NAME: CASE NUMBER:
9. b. The petitioner and the petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of the
Order to Deposit Funds in Blocked Account(form MC-355), which is signed at the same time as this order, and three copies of
the Acknowledgment of Receipt of Order and Funds for Deposit in Blocked Account(form MC-356). The petitioner or the
petitioner's attorney must file a copy of the receipt with this court within 15 days of the deposit. The sole responsibilities of the
petitioner and the petitioner's attorney, if any, are to place the balance in a blocked account or accounts and to file a copy of the
receipt on time.
c. The balance of the proceeds of the settlement or judgment deposited in a blocked account or accounts under item 8b(1) may be
withdrawn only as follows {check (1) or(2)):
(1) I INo withdrawals of principal or interest may be made from the blocked account or accounts without a further written
order under this case name and number, signed by a judicial officer, and file-stamped by this court. The money on
deposit is not subject to escheat.
(2) ]The blocked account or accounts belong to a minor, who was born on (date): November 23, 2016
No withdrawals of principal or interest may be made from the blocked account or accounts without a further written
order under this case name and number, signed by a judicial officer, and file-stamped by this court, until the minor
reaches 18 years of age. When the minor reaches 18 years of age, the depository, without further order of this court,
is authorized and directed to pay by check or draft directly to the former minor, on proper demand, all funds, Including
interest, deposited under this order. The money on deposit is not subject to escheat,
10, 1X I Authorization to execute settlement documents
The petitioner is authorized to execute settlement documents as follows (check only one):
a. * I On receipt of the full amount of the settlement sum approved by this order and the deposit of funds, the petitioner is
authorized and directed to execute and deliver to the payer (1} a full, complete, and final release and discharge of any and
all claims and demands of the claimant by reason of the accident or incident described in the petition and the resultant
injuries to the claimant and (2)a properly executed dismissal with prejudice.
b. [z The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out the terms of
the settlement.
c. I I The petitioner is authorized and directed to (specify):
â–¡â–¡ Continued on Attachment 10c.
11. Bond is | jordered and fixed in the amount of:$ I Inot required.
12. A copy of this order must be served on the payer immediately.
13.1 IAdditional orders
The court makes the following additional orders (specify):
I IContinued on Attachment 13.
Date:
JUDICIAL OFFICER
I ISIGNATURE FOLLOWS LAST ATTACHMENT
MC-351 [Rev January 1, 2021] ORDER APPROVING COMPROMISE OF CLAIM OR ACTION Page 4 of4
OR DISPOSITION OF PROCEEDS OF JUDGMENT
FOR MINOR OR PERSON WITH A DISABILITY
For your proli^ctlon and pitracy, please jpfess the Clear
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MC-351 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:243273 FOR COURT use ONLY NAME:santosh Naravan FIRM NAME:f^aravan Law. APC STREET ADDRESS:225 S. Lake Avenue. Suite 300 CITY: Pasadena state: zip code: TELEPHONE NO..(626)-432-5435' ' - '. -- fax no.: - EMAIL ADDRESS snaravan(2!naravanleQal.com ATTORNEY FOR (Name) Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 1130 "0" Street MAILING ADDRESS:(same) CITY AND ZIP CODE:pfggpQ BRANCH NAME: g psjsk COUrthOUSe RECEIVED CASE NAME: 1/19/2021 10:46 AM Tovar V. Guiterrez FRESNO By: COUNTY A. Ramos, SUPERIOR COURT Deputy CASE NUMBER: ORDER APPROVING COMPROMISE OF CLAIM OR ACTION 20CECG02952 OR DISPOSITION OF PROCEEDS OF JUDGMENT HEARING DATE, IF ANY: DEPT.: FOR MINOR OR PERSON WITH A DISABILITY 1. Hearing a. I K INo hearing was held. The matter is eligible for expedited approval under rule 7.950.5 of the California Rules of Court. b. I IA hearing was held: Date; Time: Dept.: c. Judicial officer: 2. Petitioner(name or pseudonym'): Soohia Ortiz is the (check all relationships or representative capacities that apply): ">n parent I x I guardian ad litem" \ I guardian I I conservator | |other (specify): of the claimant named in item 3. Petitioner has requested approval of the compromise or settlement of a disputed claim or pending action or the disposition of the proceeds of a judgment for a minor or a person with a disability. ('Petitioner was appointed guardian ad litem under a pseudonym.(See Code Civ. Proc., § 372.5.)) 3. Claimant(name): Serenitv Tovar a. I * Iis a minor. b. I I is a "person with a disability" within the meaning of Probate Code section 3603 who Is: (1) I IAn adult. Claimant's date of birth is (specify): (2) I IA minor described in Probate Code section 3603(b)(3). 4. Defendant The claim or action to be compromised or settled is asserted, or the judgment is entered, against(name of settling orjudgment defendant or defendants (the "payer")): Lazaro Gutierrez THE COURT FINDS 5. IX INotice has been given as required by law. 6. a. I IThe claimant is an adult who has the capacity to consent to this order within the meaning of Probate Code section 812 and does not have a conservator of the estate. The claimant has given express consent to this order. b. I IThe claimant's consent to this order is not required because the claimant is a minor, a conservatee, or a person who lacks the capacity to consent to the order within the meaning of Probate Code section 812. Page 1 of 4 Form Adopted for Mandatory Use Code of Civil Procedure. § 372; Judicial Counol of California ORDER APPROVING COMPROMISE OF CLAIM OR ACTION Probate Code.§§ 3500.3600-3613; MC-351 [Rev. January 1,2021) OR DISPOSITION OF PROCEEDS OF JUDGMENT Cal. Rules of Court, rules 3.1384.7.953 wwv/.courts ca.gov FOR MINOR OR PERSON WITH A DISABILITY MC-351 CASE NAME: CASE NUMBER: THE COURT ORDERS 6. The petition is granted and the proposed compromise or settlement, or the proposed disposition of the proceeds of the judgment, is approved. The gross amount or value of the settlement or judgment in favor of claimant is: $ 7500.00. 7. I IUntil further order of the court, jurisdiction is reserved to determine a claim for a reduction of a Medi-Cal lien under Welfare and Institutions Code section 14124.76. The amount shown payable to the Department of Health Care Services in item 8a(4) of this order is the full amount of the lien claimed by the department but is subject to reduction on further order of the court upon determination of the claim for reduction. 8. The payer must disburse the proceeds of the settlement or judgment approved by this order in the following manner: a. Payment of fees and expenses Fees and expenses shall be paid by one or more checks or drafts drawn payable to the order of the petitioner and the petitioner's attorney, if any, or directly to third parties entitled to receive payment identified in this order for the following items of expense or damage, which are hereby authorized to be paid out of the proceeds of the settlement or judgment: (1} I * I Attorney's fees in the total amount of: $ 2500.00 payable to (specify): Naravan Law APC (2) IK I Reimbursement for medical and all other expenses paid by the petitioner or the petitioner's attorney in the total amount of: $ 218.25 (3) IX I Medical, hospital, ambulance, nursing, and other similar expenses payable directly to providers as follows, in the total amount of: $ 2399.42 (a) Payee (name): California Deoartment of Health Care Services (i) address: pq 997425, Sacramento CA 95899-7425 (ii) Amount: $229.74 (b) Payee (name): Adventist Medical Center-Reedlev (1) address: P.O.Box810 Hanford, CA 93232-0810 (ii) Amount: $2^169.68 I IContinued on Attachment 8a(3). (Provide information about additional payees in the above format.) (4) I IOther authorized disbursements payable directly to third parties in the total amount of: $ (Describe and state the amount of each item and provide the name and address of each payee): I IContinued on Attachment 8a(4). (5) IX ITotal allowance for fees and expenses from the settlement or judgment: $ 2718.25 MC.351 {Rev January 1. 2021] ORDER APPROVING COMPROMISE OF CLAIM OR ACTION page 20f4 OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY IVIC-351 CASE NAME: CASE NUMBER: 8. b. Balance for claimant The balance of the settlement or judgment available for claimant after payment of all allowed fees and expenses is: $ 2382.33 The balance shall be disbursed as follows: {1) I* IBy one or more checks or drafts In the total amount of (specify): $ 2382.33 drawn payable to the order of the petitioner in the petitioner's representative capacity. Each check or draft must bear an endorsement on the face or reverse that it is for deposit in one or more interest-bearing, federally insured accounts in the name of the petitioner in the petitioner's representative capacity. No withdrawals may be made from these accounts ("blocked accounts") except as provided in the Order to Deposit Funds in Blocked Account(form MC-355) signed at the same time as this order. (2) I IBy the following method(s)(describe eacti method, including the amount to be disbursed by each): I IContinued on Attachment 8b(2). (3) □□ If money is to be paid to a special needs trust under Probate Code section 3604, all statutory liens in favor of the state Department of Health Care Services, the state Department of State Hospitals, the state Department of Developmental Services, and any city and county in California must fi rst be satisfied by the following method (specify): I IContinued on Attachment 8b(3). 9. I K IFurther orders of the court conceming blocked accounts The court makes the following additional orders concerning any part of ftie balance ordered to be deposited in a blocked account under item 8b(1): a. Within 48 hours of receipt of a check or draft described in item 8b(1). the petitioner and the petitioner's attorney, if any, must deposit the check or draft in the name of petitioner in the petitioner's representative capacity in one or more blocked accounts at (specify name, branch, and address of each depository, and the amount of each account): Bank of America. 240 E Tulare Street, Dinuba CA 93618 in the amount of $2382.33. In the alternative, if this bank branch is closed to due the COVID-19 pandemic, funds may be deposited at any Bank of America branch in Fresno County. I IContinued on Attachment 9a. MC^51IR#V January 1.2021) ORDER APPROVING COMPROMISE OF CLAIM OR ACTION pa9e3of4 OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY MC-351 CASE NAME: CASE NUMBER: 9. b. The petitioner and the petitioner's attorney, if any, must deliver to each depository at the time of deposit three copies of the Order to Deposit Funds in Blocked Account(form MC-355), which is signed at the same time as this order, and three copies of the Acknowledgment of Receipt of Order and Funds for Deposit in Blocked Account(form MC-356). The petitioner or the petitioner's attorney must file a copy of the receipt with this court within 15 days of the deposit. The sole responsibilities of the petitioner and the petitioner's attorney, if any, are to place the balance in a blocked account or accounts and to file a copy of the receipt on time. c. The balance of the proceeds of the settlement or judgment deposited in a blocked account or accounts under item 8b(1) may be withdrawn only as follows {check (1) or(2)): (1) I INo withdrawals of principal or interest may be made from the blocked account or accounts without a further written order under this case name and number, signed by a judicial officer, and file-stamped by this court. The money on deposit is not subject to escheat. (2) ]The blocked account or accounts belong to a minor, who was born on (date): November 23, 2016 No withdrawals of principal or interest may be made from the blocked account or accounts without a further written order under this case name and number, signed by a judicial officer, and file-stamped by this court, until the minor reaches 18 years of age. When the minor reaches 18 years of age, the depository, without further order of this court, is authorized and directed to pay by check or draft directly to the former minor, on proper demand, all funds, Including interest, deposited under this order. The money on deposit is not subject to escheat, 10, 1X I Authorization to execute settlement documents The petitioner is authorized to execute settlement documents as follows (check only one): a. * I On receipt of the full amount of the settlement sum approved by this order and the deposit of funds, the petitioner is authorized and directed to execute and deliver to the payer (1} a full, complete, and final release and discharge of any and all claims and demands of the claimant by reason of the accident or incident described in the petition and the resultant injuries to the claimant and (2)a properly executed dismissal with prejudice. b. [z The petitioner is authorized and directed to execute any and all documents reasonably necessary to carry out the terms of the settlement. c. I I The petitioner is authorized and directed to (specify): □□ Continued on Attachment 10c. 11. Bond is | jordered and fixed in the amount of:$ I Inot required. 12. A copy of this order must be served on the payer immediately. 13.1 IAdditional orders The court makes the following additional orders (specify): I IContinued on Attachment 13. Date: JUDICIAL OFFICER I ISIGNATURE FOLLOWS LAST ATTACHMENT MC-351 [Rev January 1, 2021] ORDER APPROVING COMPROMISE OF CLAIM OR ACTION Page 4 of4 OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY For your proli^ctlon and pitracy, please jpfess the Clear This Form putton after you have printed the form. Print this form Save this form Clear this form