Judge: Lisa R. Jaskol, Case: 22STCV30306, Date: 2024-06-12 Tentative Ruling
Case Number: 22STCV30306 Hearing Date: June 12, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 16, 2022, Plaintiffs Jeffrey Alvarado, Emily Alvarado, and Jacky Alvarado, by and through her guardian ad litem Jeffrey Alvarado, filed this action against Defendants Jose Ramirez (“Defendant”) and Does 1-50 for motor vehicle tort and general negligence.
On September 22, 2022, the Court appointed Jeffrey Alvarado to serve as guardian ad litem for Plaintiff Jacky Alvarado.
On August 18, 2023, the Court denied Plaintiffs’ request to dismiss the case with prejudice, noting that Plaintiffs had not filed a petition or expedited petition to approve a minor’s compromise.
On November 7, 2023, Plaintiffs’ counsel filed a declaration asking the Court to dismiss the case without the filing of a petition to approve minor’s compromise because (1) the parties reached a settlement on July 26, 2023, (2) minor Plaintiff Jacky Alvarado’s residual pain and suffering from the automobile accident had completely resolved and she was not seeking additional treatment, (3) the balance of the settlement to be paid to minor Plaintiff Jacky Alvarado was less than $5,000.00, and (4) the cost of filing a petition for minor’s compromise would substantially deplete the settlement funds for minor Plaintiff Jacky Alvarado.
On November 13, 2023, Plaintiffs filed a notice of settlement.
On February 23, 2024, the Court denied Plaintiffs’ second request to dismiss the case with prejudice, again noting that a petition or expedited petition to approve the minor’s compromise was required.
On February 26, 2024, the Court issued a minute order stating in part: “The Court has read and considered the Declaration filed by counsel for Plaintiff on 11/07/2023. Counsel are advised there is no authority that allows the Court to excuse the requirements of filing a petition to approve a minor's compromise. Petitioner must either file the expedited petition or reserve a hearing date for a regular petition.”
On April 30, 2024, Plaintiff Jeffrey Alvarado filed a motion to dismiss the complaint, to be heard on June 12, 2024.
PARTY’S REQUEST
Plaintiff Jeffrey Alvarado asks the Court to dismiss the complaint even though he has not filed a petition or expedited petition to approve the compromise of minor Plaintiff Jacky Alvarado’s claims.
LEGAL STANDARD
Code of Civil Procedure section 372 provides in part:
“(a) (1) When a minor . . . is a party, that person 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, subds. (a)(1), (a)(3), emphasis added.)
DISCUSSION
According to Plaintiff Jeffrey Alvarado, he settled minor Plaintiff Jacky Alvarado’s claims for $4,000.00. He has received and spent the entire $2,334.00 net settlement amount “for costs incurred for Jacky Alvarado’s extracurricular sport she engages in, soccer. Specifically, Mr. Alvarado spent $800.18 for clothing, shoes, accessories and a 2023/2024 competitive soccer player package for Jacky on September 9, 2023. On September 28, 2023, he purchased airline tickets for Jacky, her siblings, his wife and himself to attend Jacky’s soccer tournament in Dallas, Texas in March 2024. The cost of the tickets totaled $1,857.05. On March 4, 2024, I paid an addition $147.83 of the settlement funds for Jacky’s soccer shoes.” (Motion p. 3, citing Declaration of Jeffrey Alvarado ¶ 5.)
Plaintiff Jeffrey Alvarado argues that he is not required to file a petition or expedited petition to approve the compromise of minor Plaintiff Jacky Alvarado’s claims because (1) the settling Defendant did not require a minor’s compromise as part of the settlement agreement, (2) minor Plaintiff Jacky Alvarado’s residual pain and suffering from the automobile accident has completely resolved and she is not seeking additional treatment, (3) the balance of the settlement to be paid to minor Plaintiff Jacky Alvarado is less than $5,000.00, (4) as minor Plaintiff Jacky Alvarado’s guardian ad litem, Jeffrey Alvarado has already spent the settlement funds, and (5) all parties consent to dismissal.
None of these asserted facts relieves minor Plaintiff Jacky Alvarado’s guardian ad litem, Jeffrey Alvarado, of the requirement to obtain “approval of the court” to compromise the minor’s claims. (Code Civ. Proc., § 372, subd. (a)(3).)
Plaintiff Jeffrey Alvarado also cites Probate Code section 3611, which addresses the distribution of settlement funds. However, by its terms, Probate Code section 3611 applies only after the Court has approved the compromise of a minor’s disputed claim under Probate Code section 3600. (Prob. Code, §§ 3600, 3611.)
Plaintiff Jeffrey Alvarado has cited no authority supporting his assertion that, absent a petition to approve the minor’s compromise, the Court has discretion to approve payment of the minor’s settlement proceeds to her guardian ad litem and to dismiss the case. (Motion p. 5.)
The Court denies the motion.
CONCLUSION
The Court DENIES the motion to dismiss filed by Plaintiff Jeffrey Alvarado.
Moving party is ordered to give notice of this ruling.