Judge: Armen Tamzarian, Case: BC507954, Date: 2025-04-25 Tentative Ruling

Case Number: BC507954    Hearing Date: April 25, 2025    Dept: 52

Plaintiff Holly Carnes’s Motion for Turnover of Money Deposited in Minor’s Blocked Account to Assignee

            Plaintiff Holly Carnes, former guardian ad litem for co-plaintiff Jessie Henderson IV, moves the court for an order requiring Chase Bank release money from a blocked account in Henderson’s name.  Carnes shows good cause for such an order. 

On March 27, 2015, the court approved a compromise of this action on behalf of Henderson, who was then a minor.  (Smyth Decl., Ex. C.)  The court ordered that $5,113.61 be deposited in a blocked account for Henderson.  (Id., Ex. D.)  On June 26, 2015, plaintiffs filed a signed receipt and acknowledgment of the funds executed by an employee on behalf of JP Morgan Chase Bank, N.A.  (Id., Ex. E.) 

            Henderson is now an adult.  Ordinarily, he could withdraw all funds in the blocked account without a court order.  (See Smyth Decl., Ex. D, ¶ 5.b.)  Henderson, however, is incarcerated.  (Smyth Decl., ¶ 4; Carnes Decl., ¶ 4.)  To access the money in the account, Henderson executed a limited power of attorney authorizing Carnes, his grandmother, to withdraw money from any bank accounts in his name.  (Smyth Decl., ¶¶ 4-5; Carnes Decl., ¶ 4; Ex. B.)  Both Carnes and plaintiffs’ counsel presented the power of attorney to the bank that holds the account.  (Smyth Decl., ¶ 6; Carnes Decl., ¶ 5.)  A manager at the bank branch stated the bank would not release the funds to Carnes without an order from this court directing that Henderson’s money be paid to Carnes.  (Ibid.)  The court will issue an order doing so.

            Plaintiff Holly Carnes’s motion for turnover of money deposited in minor’s blocked account is granted.  The court will issue a signed order requiring JP Morgan Chase Bank, N.A. to release the funds held in the blocked account for Jessie Henderson to moving party Holly Carnes.