Judge: Lisa R. Jaskol, Case: 21STCV38793, Date: 2025-04-18 Tentative Ruling

Case Number: 21STCV38793    Hearing Date: April 18, 2025    Dept: 28

Having considered the petitioning papers, the Court rules as follows. 

BACKGROUND 

On October 20, 2021, Plaintiffs Joshua Ferdman (“Joshua Ferdman”), Rocio Ferdman (“Rocio Ferdman”), and Mia Balay Garcia (“Garcia”), a minor by and guardian through her ad litem Joshua Ferdman, filed this action against Defendants Louis Marie Schmitlin (“Defendant”) and Does 1-50 for negligence and negligence per se. 

On May 31, 2022, the Court appointed Joshua Ferdman to serve as Garcia’s guardian ad litem. 

On April 26, 2023, Defendant filed an answer. 

On February 28, 2024, Plaintiffs filed a notice of settlement. 

On July 24, 2024, the Court granted Petitioner Joshua Ferdman’s petition to approve the compromise of Garcia’s claims. 

On February 26, 2025, Rocio Ferdman filed a petition to approve the compromise of Garcia’s claims.

PETITIONER’S REQUEST 

Rocio Ferdman asks the Court to grant the petition to approve the compromise of Garcia’s claims. 

DISCUSSION 

As noted, the Court previously appointed Joshua Ferdman to serve as Garcia’s guardian ad litem.  The guardian ad litem “shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same . . . .”  (Code Civ. Proc., § 372, subd. (a)(3).)

On July 24, 2024, the Court granted Joshua Ferdman’s petition to approve the compromise of Garcia’s claims. 

Rocio Ferdman has now filed a petition to approve the compromise of Garcia's claims.  However, Rocio Ferdman is not Garcia’s guardian ad litem.  Rocio Ferdman has provided no legal authority allowing Rocio Ferdman to file a petition to approve a minor’s compromise when the guardian ad litem, Joshua Ferdman, previously filed a petition which the Court granted. 

The Court denies Rocio Ferdman's petition. 

CONCLUSION 

The Court DENIES Rocio Ferdman’s petition for approval of the compromise of Plaintiff Mia Balay Garcia’s claims filed on February 26, 2025. 

Rocio Ferdman is ordered to give notice of this ruling. 

Rocio Ferdman is ordered to file the proof of service of this ruling with the Court within five days.