Judge: John J. Kralik, Case: 23BBCV015272, Date: 2024-12-06 Tentative Ruling

Case Number: 23BBCV015272    Hearing Date: December 6, 2024    Dept: NCB

The Court has reviewed the petitions and finds the settlement fair and reasonable. The parties have an agreement for attorney’s fees, but attorney’s fees were not requested by counsel in connection with the two petitions for minor’s compromise.  The petitions are properly verified by Petitioner.  

The Court is inclined to grant the petitions provided that Petitioner provide written assurances, verified by oath, that the total estate of each of the minors, including the money or other property to be paid or delivered to the parent, does not exceed $5,000 in value, pursuant to Probate Code, §§ 3401 and 3402. 

Per CRC Rule 7.952, Petitioner and the Claimant are required to attend the hearing on the petition.  The Court will therefore require attendance at the hearing in order to grant the petition.  As an alternative to personal appearance by the Guardian Ad Litem, the Court will accept a declaration signed by the parents stating that the minors have fully recovered from any injury they suffered in the incident as well as the written assurance required under the Probate Code.