Judge: Mark E. Windham, Case: 22STLC01921, Date: 2022-08-03 Tentative Ruling

Case Number: 22STLC01921    Hearing Date: August 3, 2022    Dept: 26

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

(Prob. Code, §§ 3500, 3600)

TENTATIVE RULING:

Plaintiff Aubrey Ferrer (“minor Plaintiff”), by and through their purported Guardian Ad Litem Amanda Ferrer (“Petitioner”) filed the instant action for motor vehicle negligence against Defendants Efrain Dela Cruz and Valentin Hernandez (“Defendants”) on March 24, 2022. The Court rejected Petitioner’s Application to be Appointed minor Plaintiff’s Guardian Ad Litem on March 29, 2022 and April 1, 2022.

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.

Petitioner has not yet been appointed minor Plaintiff’s Guardian Ad Litem, or otherwise filed a declaration under Cal. Probate Code section 3500 demonstrating they have a right to compromise minor Plaintiff’s claims. Substantively, the Petition is complete and may be granted upon appointment of minor Plaintiff’s Guardian Ad Litem or other proof that Petitioner can compromise minor Plaintiff’s claim under Cal. Probate Code section 3500.

Therefore, the Petition to Approve Minor’s Compromise of Disputed Claim on behalf of minor Plaintiff is CONTINUED TO OCTOBER 24, 2022 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

BY OCTOBER 10, 2022, PETITIONER IS TO FILE SUPPLEMENTAL PAPERS DEMONSTRATING THAT THE DEFECTS NOTED HEREIN HAVE BEEN CORRECTED. FAILURE TO DO SO MAY RESULT IN THE PETITION BEING DENIED.

Moving party to give notice.