Judge: Alison Mackenzie, Case: SC065808, Date: 2023-05-22 Tentative Ruling

Case Number: SC065808    Hearing Date: May 22, 2023    Dept: 207

Background

This action was originally brought by Plaintiff Oscar Villatoro, a minor, by and through his Guardian Ad Litem, Arminda Herrera (“Plaintiff”) stemming from injuries he suffered when a metal shelf of videos fell on him at Defendant’s store. On March 27, 2002, Plaintiff’s guardian filed a petition to approve a compromise of Plaintiff’s claim. The petition was granted on April 23, 2002, and settlement funds totaling $5,085.29 were ordered to be deposited in a blocked account until Plaintiff reached the age of majority. A receipt and acknowledgment was filed on July 2, 2022, indicating the funds had been deposited into a blocked account with Bank of America. Plaintiff now seeks an order allowing him to withdraw those funds as he is now more than 18 years old. The petition is unopposed.

Legal Standard

California Rules of Court, rule 7.954(a) states a “petition for the withdrawal of funds deposited for a minor or a person with a disability must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a justification for the withdrawal.”

Analysis

The Court notes the April 23, 2002, order provides the financial institution holding the funds is authorized to release the funds to Plaintiff upon request once he reached 18 years of age without the need for further order from this Court. Nonetheless, Plaintiff has sufficiently complied with the rule 7.954 by identifying the depository, indicating the balance of $5,218.89 (which, because of interest, is slightly higher than the amount initially deposited), and providing a justification for the withdrawal based on his having now reached the age of majority. The petition is therefore GRANTED. The Court will sign and file the proposed order forthwith.

Conclusion

Plaintiff’s petition to withdraw funds from blocked account is GRANTED.