Judge: Jill Feeney, Case: 20STCV01188, Date: 2022-10-28 Tentative Ruling
Case Number: 20STCV01188 Hearing Date: October 28, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 28, 2022
20STCV01188
Petition for Withdrawal of Funds from Blocked Account
DECISION
The petition is denied without prejudice.
Background
On January 10, 2020, Plaintiff Jasmine Carter, as guardian ad litem for Masiah Moore, commenced this action against Defendant Fitness International LLC, erroneously as LA Fitness, entity status unknown, and Does 1 to 100. The subject incident involved Plaintiff Carter’s daughter, Masiah Moore, breaking her leg while under the supervision of Defendant’s child watching service. Plaintiff’s causes of action are negligence and premises liability.
Plaintiff filed the instant motion to withdraw funds from Claimant’s blocked account on September 30, 2022.
Summary
Moving Arguments
Petitioner, in pro per, seeks a court order releasing $2,800 from Minor Claimant Masiah Moore’s blocked account in order to pay for Christmas shopping for Claimant, a tutor, and to enroll her in an after-school activity.
Opposing Arguments
None filed.
Legal Standard
CRC 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with a disability must be verified and must include the identity of the depository, a showing of the amounts previously withdrawn, a statement of the balance on deposit at the time of the filing of the petition, and a justification for the withdrawal.”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).)
Discussion
Petitioner’s form MC-357 provides that the depository is Wells Fargo and shows that the current balance in the blocked account is $4,353.11. There have been no withdrawals from the account.
The Court requires more information about how the funds are to be used before it can grant this motion.
1. Christmas shopping: This request is not adequately justified. It would not be in the minor’s best interests for the Court to release settlement funds for Christmas shopping.
2. Tutor: This request is not adequately justified as presented. However, the Court requires the name of the minor’s prospective tutor, how much and how often the tutor is to be paid, and how long Claimant will be utilizing the tutor’s services and why the tutoring services are needed.
3. After-school activity: This is not adequately justified as presented. The Court requires more information about this activity before this request can be granted. The Court requires information about the nature of this activity, the cost to attend, and how long Claimant expects to participate in this activity.
In addition, with respect to items #2 and #3, the Court requires information about why these costs cannot be borne by the parents of the minor.
Finally, the Court requires the balance in account number 8170 at Wells Fargo Bank into which a deposit of $5,000 was made separate and apart from the deposit into the blocked account.
