Judge: Katherine Chilton, Case: 22STLC02238, Date: 2022-09-27 Tentative Ruling

Case Number: 22STLC02238     Hearing Date: September 27, 2022    Dept: 25

PROCEEDINGS:      PETITION FOR APPROVAL OF MINOR’S COMPROMISE

MOVING PARTY:   Petitioner Miguel Lemus, on behalf of minor Claimant Ashley Lemus

RESP. PARTY:         None

PETITION FOR APPROVAL OF MINOR’S COMPROMISE OF A DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950.5)

TENTATIVE RULING:

The hearing on the Petition for Approval of Minor’s Compromise is CONTINUED to NOVEMBER 15, 2022 at 10:30 AM in Department 25 at Spring Street Courthouse.  Petitioner is ordered to file supplemental papers addressing the deficiencies noted herein at least 16 days before the scheduled hearing. Failure to do so may result in the hearing being placed off calendar or denied.

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 N/A

[X] Correct Address (CCP §§ 1013, 1013a)                                                 N/A

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     N/A

OPPOSITION:          None filed as of September 26, 2022                      [   ] Late                      [X] None

REPLY:                     None filed as of September 26, 2022                      [   ] Late                      [X] None

ANALYSIS:

I.                Background

            On April 4, 2022, minor Plaintiff Ashley Lemus (“Claimant”), by and through her guardian ad litem, Miguel Lemus (“Petitioner”) filed an action against Defendant Guillermo F. Neuenschwander Grupp (“Defendant”) for negligence, arising out of an alleged automobile accident.  On April 6, 2022, and on April 22, 2022, the Court rejected Petitioner’s Application for Appointment of Miguel Lemus, as her Guardian Ad Litem, due to missing information.  (4-6-22 Notice of Rejection; 4-22-22 Notice of Rejection.)

            Subsequently, on May 3, 2022, Petitioner filed an Expedited Petition to Approve Minor’s Compromise, which was rejected by the Court, as Petitioner had not scheduled a hearing date through the Court’s Reservation System.  (5-3-22 Notice of Rejection.)

            On July 21, 2022, Petitioner filed the instant Petition to Approve Minor’s Compromise.  No opposition has been filed.

II.              Legal Standard

            Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; CCP § 372.) “‘[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid.  [Citation.] [¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court.’” (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1338.)  A minor, like Claimant, “shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (Code Civ. Proc., § 372(a)(1).) Alternatively, the petitioner may file a declaration demonstrating that he or she has a right to compromise the minor’s claim under Cal. Probate Code § 3500.

            Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)

III.            Discussion

As a preliminary matter, the Court notes that the Court has not appointed Miguel Lemus as the guardian ad litem for minor Ashley Lemus.  Petitioner Miguel Lemus filed an Application and Order for Appointment of Guardian Ad Litem for Minor Ashley Lemus on April 6 and April 22, 2022.  However, on both occasions, the Court rejected the Applications due to missing information.  (4-6-22 Notice of Rejection, 4-22-22 Notice of Rejection.)  Code Civ. Proc. § 372(a) provides that a minor must appear in litigation by a guardian or conservator of her estate or a Guardian Ad Litem appointed by the court.  The Court cannot rule on the instant Petition until Petitioner is appointed guardian ad litem for minor Ashley Lemus.

For this reason, the hearing on the Petition is CONTINUED.  Petition is ordered to file a complete Application and Order for Appointment of Guardian Ad Litem for Minor Ashley Lemus and serve it on Defendant.

IV.           Conclusion & Order

For the foregoing reasons,

The hearing on the Petition for Expedited Approval of Minor’s Compromise is CONTINUED to NOVEMBER 15, 2022 at 10:30 AM in Department 25 at Spring Street Courthouse.  Petitioner is ordered to file supplemental papers addressing the deficiencies noted herein at least 16 days before the scheduled hearing.  Failure to do so may result in the hearing being placed off calendar or denied.

Petitioner is ordered to give notice.