Judge: Holly J. Fujie, Case: BC690642, Date: 2024-11-15 Tentative Ruling

Case Number: BC690642    Hearing Date: November 15, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

BACKGROUND

             Plaintiffs filed a complaint against Defendants arising from alleged substandard living conditions in an apartment building in which Plaintiffs resided.

An Order Approving Compromise of Pending Action involving a minor claimant, Giana Guzman was entered on December 19, 2019.  The settlement reserved for Giana Guzman in the amount of $3,641.14 was placed in a blocked account (the “Account”). 

On October 21, 2024, Giana Guzman filed a Petition to Withdraw Funds from Blocked Account, and filed an Amended Petition on October 24, 2024 (the “Petition”).

DISCUSSION

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a disability must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on the deposit at the time of the filing of the petition, and a justification for the withdrawal. 

            Initially, the Court notes that although the Petition indicates that the Petitioner is Gianna Melody Guzman (“GMA”), paragraph 5 states that “Petitioner brings the petition as the parent of the person named in paragraph 2.”  If GMA is filing on her own behalf, which is proper now that she has reached the age of majority given the date of birth of October 21, 2006 used in the original Order, then paragraph 5 should have the “Other” box checked with “Self” listed as the relationship.  In addition, all the information requested in the top left box should be completed, as well as the name of the person whose funds are to be withdrawn in paragraph 3 and the additional information currently left blank.  Paragraph 4, on the other hand, should be blank, as GMA is no longer a minor.  Moreover, paragraph 6 (b) (1) and (2) must be filled in as well as 6(3), 7, 8 and 9. 

            For these reasons, the hearing on the Petition is DENIED without prejudice.

Dated this 15th day of November 2024