Judge: Mark E. Windham, Case: 22STLC02064, Date: 2022-08-02 Tentative Ruling

Case Number: 22STLC02064    Hearing Date: August 2, 2022    Dept: 26

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

(Prob. Code, §§ 3500, 3600)

TENTATIVE RULING:

Plaintiff Andrew Redding (“minor Plaintiff”), by and through their Guardian Ad Litem Grace Gallo (“Petitioner”) filed the instant action for motor vehicle negligence against Defendants Nick Manos and Thomas Manos (“Defendants”) on March 29, 2022. The Court granted Petitioner’s Application to be Appointed minor Plaintiff’s Guardian Ad Litem on March 30, 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.

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 to deposit funds and granting the Petition were filed on May 16, 2022.

Therefore, Petitioner Grace Gallo’s Petition to Approve Minor’s Compromise of Disputed Claim on Behalf of Minor Plaintiff Andrew Redding is GRANTED.

Moving party to give notice.