Judge: Katherine Chilton, Case: 22STLC07423, Date: 2023-05-25 Tentative Ruling

Case Number: 22STLC07423    Hearing Date: May 25, 2023    Dept: 25

PROCEEDINGS:      PETITION FOR MINOR’S COMPROMISE

MOVING PARTY:   Petitioner Edwin Chacon, on behalf of minor Claimant Melissa Chacon

RESP. PARTY:         None

PETITION TO APPROVE MINOR’S COMPROMISE OF DISPUTED CLAIM

(CCP § 372, CRC, rule 7.950.5)

TENTATIVE RULING:

The Petition for Approval of Minor’s Compromise filed on behalf of minor Claimant Melissa Chacon is GRANTED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

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

OPPOSITION:          None filed as of May 23, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of May 23, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

            On November 4, 2022, Minor Plaintiff Melissa Chacon (“Claimant”), by and through her father Edwin Chacon, filed an action against Defendant Naborina Estrada (“Defendant”) arising out of an alleged motor vehicle accident that took place on March 14, 2022.  Edwin Chacon was appointed minor Claimant’s guardian ad litem on November 15, 2022.  (11-15-22 Application and Order for Appointment of Guardian Ad Litem.)

            On December 1, 2022, Petitioner Edwin Chacon filed the instant Petition to Approve Minor’s Compromise of Disputed Claim on behalf of minor Claimant Melissa Chacon (“Petition”).

            On March 14, 2023, the Court noted deficiencies in the Petition and continued the hearing to April 13, 2023.  (3-14-23 Minute Order.)

            On the same day, Petitioner filed Proof of Personal Service indicating that Petitioner had been served with the summons and complaint on November 20, 2022.  (3-14-23 Proof of Personal Service.)

            On March 17, 2023, Petitioner filed an Amended Petition (MC-350), Proposed Order (MC-351), and Proposed Order to Deposit Funds in Blocked Account (MC-355).

            On April 13, 2023, the Court noted that Petitioner had not corrected all deficiencies and again continued the hearing on the Petition.  (4-13-23 Minute Order.)

            Petitioner filed the Second Amended Petition on April 28, 2023.

            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 section 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.)

Under Probate Code § 3505, if a petition is unopposed, the Court must issue a decision on the petition at the conclusion of the hearing.

III.            Discussion

The instant Petition was initially filed on December 1, 2022.  On March 14, 2023, the Court noted deficiencies in the Petition and continued the hearing to allow Petitioner additional time to correct these deficiencies.  (3-14-23 Minute Order.)  On April 13, 2023, the Court found that Petitioner had corrected nearly all deficiencies discussed in the previous Court Order.  (4-13-23 Minute Order.)  However, the information provided regarding the state of minor Claimant’s injuries was not consistent throughout the Petition.  (Ibid.)  Thus, the Court again continued the hearing on the Petition and allowed Petitioner another opportunity to file supplemental papers addressing this deficiency.  (Ibid.)

On April 28, 2023, Petitioner filed the Second Amended Petition.  Petitioner indicates that:

The claimant has not recovered completely from the effects of the injuries described in item 6, and the following injuries from which the claimant has not recovered are temporary (describe the remaining injuries and symptoms):

Minor still has ongoing lower back discomfort. Due to policy limits being only $15,000 and no other source of recovery available, the parent petitioner wishes to settle this case.  Minor has medical insurance that can be utilized for future care if necessary.

(Pet. ¶ 8.)  The medical documentation supports this statement, as it indicates that, despite improvement, “[t]he prognosis remains guarded” and minor Claimant is “[d]ischarged on this date under pain management.”  (Pet. p. 14 – Attach. 8.) 

Having reviewed the Second Amended Petition, the Court finds that Petitioner has corrected all deficiencies discussed in the previous Court Orders.

Accordingly, the Court GRANTS the Petition for Minor’s Compromise.

IV.           Conclusion & Order

For these reasons,

The Petition for Approval of Minor’s Compromise filed on behalf of minor Claimant Melissa Chacon is GRANTED.

Petitioner is ordered to give notice.