Judge: Mark E. Windham, Case: 22STLC00938, Date: 2022-08-31 Tentative Ruling
Case Number: 22STLC00938 Hearing Date: August 31, 2022 Dept: 26
SUBJECT: AMENDED
EXPEDITED PETITIONS TO APPROVE COMPROMISE OF PENDING ACTION ON BEHALF OF A
MINOR
MOVING PARTY: (1) Petitioner Christine
Sibila on behalf of minor Plaintiff Nathan Sibila
(2) Petitioner Christine Sibila on behalf of minor Plaintiff Zachary Sibila
RESP. PARTY: None
EXPEDITED PETITION TO APPROVE COMPROMISE
OF PENDING ACTION
(Prob. Code, §§ 3500, 3600)
TENTATIVE RULING:
Plaintiffs Zachary Sibila and
Nathan Sibila (“Minor Plaintiffs”), by and through their purported Guardian Ad
Litem Christine Gomez filed the instant action for motor vehicle negligence against
Defendant Christina O’Leary (“Defendant”) on February 14, 2022. On February 25,
2022, “Petitioner Christine Sibila” and “Petitioner Christine Gomez” filed
Expedited Petitions to Approve Compromise of Pending Action (“the Petition”) on
behalf of Minor Plaintiffs. On May 26, 2022, the Court found the Expedited
Petitions incomplete and set them for hearing. (Minute Order, 05/26/22.)
Amended Expedited Petitions were
filed on June 14, 2022 by Petitioner Christine Sibila (“Petitioner”) on behalf
of minor Plaintiffs. On July 1, 2022, the Court granted Petitioner’s
Applications to be Appointed Guardian Ad Litem for both Minor Plaintiffs.
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 Amended Expedited Petitions, the Court finds they are complete and
provide for reasonable settlement amounts to Minor Plaintiffs based the
injuries they sustained and their future prognosis. Proposed orders to deposit
funds and granting the Petitions were filed on June 14, 2022, as required.