Judge: Cherol J. Nellon, Case: BC500451, Date: 2025-01-30 Tentative Ruling

Case Number: BC500451    Hearing Date: January 30, 2025    Dept: 14

#9

Case Background

This is a personal injury case which was dismissed in 2015.

Instant Pleading

Gianna Melody Guzman petitions to withdraw the balance of the blocked account containing settlement funds.

Decision

Guzman’s petitions will be GRANTED once she submits a complete MC-358 containing her full address and which is legibly completed.

Discussion

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a disability must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a justification for the withdrawal.”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

The remaining balance of any money paid or to be paid be deposited in an insured account in a financial institution in this state...subject to withdrawal only upon authorization of the court, and that the remaining balance of any other property delivered or to be delivered be held on conditions the court determines to be in the best interests of the minor or person with a disability. (Cal. Prob. Code section 3611(b).)

Here, Plaintiff Gianna Melody Guzman is now 18 years old and seeks to withdraw the balance of the settlement funds held in a blocked account. The Court finds withdrawal is appropriate because Guzman is now 18. However, her form MC-358 is incomplete because her address in Item 4 does not contain the city, state, or zip code. Additionally, the amount to be paid is not legible. Guzman must submit a new form MC-358 that is complete and legible before the Court may grant this petition.

Conclusion

Guzman’s petitions will be GRANTED once she submits a complete MC-358 containing her full address and which is legibly completed.