Judge: Mark E. Windham, Case: 22STLC00474, Date: 2022-12-19 Tentative Ruling

Case Number: 22STLC00474    Hearing Date: December 19, 2022    Dept: 26

Lujan v. Martinez, et al.

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

(Prob. Code, §§ 3500, 3600; CCP § 1008)

TENTATIVE RULING:

Plaintiff Carol Lujan (“minor Plaintiff”), by and through their Guardian Ad Litem Felix Lujan (“Petitioner”) filed the instant action for motor vehicle negligence against Defendant J.R. Martinez (“Defendant”) on January 24 2022. On January 27, 2022, the Court granted Petitioner Felix Lujan’s Application to be Appointed minor Plaintiff’s Guardian Ad Litem. Petitioner filed an Expedited Petition to Approve Compromise of Pending Claim on Behalf of Minor Plaintiff on May 23, 2022 (“the Expedited Petition”). The Court previously reviewed the Expedited Petition and found it incomplete, in violation of Cal. Rules of Court, Rules 7.950, subdivision (a). (Minute Order, 06/01/22.) Specifically, the Expedited Petition did not attach a copy of any medical records regarding minor Plaintiff’s treatment for the allegedly serious injuries sustained. (Pet., ¶8.) The Court set the Expedited Petition for hearing to allow Petitioner to file supplemental papers. (Minute Order, 06/01/22.)

At the hearing on July 14, 2022, the Court noted that no supplemental papers had been filed, as ordered, nor did Petitioner appear. (Minute Order, 07/14/22.) The Expedited Petition, therefore, was denied. (Ibid.) Petitioner filed another Petition to Approve Compromise of Pending Claim on Behalf of Minor Plaintiff on November 2, 2022. When the hearing was continued from November 8, 2022 to December 19, 2022, Petitioner filed a third Petition on November 23, 2022.

Discussion

Court approval is required for all settlements of a minor’s claim. (Prob. Code §§ 3500, 3600, et seq.; Code Civ. Proc., § 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, subd. (a)(1).) Alternatively, the petitioner may file a declaration demonstrating that they have a right to compromise the minor’s claim under Cal. Probate Code section 3500.

Having reviewed the Petition, the Court finds it is complete and provides for a reasonable settlement to Minor Plaintiff based the injuries sustained and future prognosis. Proposed orders with respect to the Petition have also been filed.

Therefore, Petitioner Felix Lujan’s Petition to Approve Minor’s Compromise of Disputed Claim on behalf of minor Plaintiff is GRANTED.

Moving party to give notice.