Judge Mark E. Windham, Case Number: 22STLC05201, Date: 2024-01-03 Tentative Ruling

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Kelly, et al. v. Diaz, et al.

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

Minor Plaintiffs Aniyah Kelly (“Minor Plaintiff Aniyah”) and Samari Kelly (“Minor Plaintiff Samari”), by and through their Guardian Ad Litem Sheree Dale (“Petitioner”) filed the instant action for motor vehicle negligence against Defendants Emily Fuentes Diaz (“Defendant Diaz”) and Raquel Orozco (“Defendant Orozco”) on August 8, 2022. On August 15, 2022, the court granted Petitioner’s application to be appointed minor Plaintiffs’ Guardian Ad Litem. Defendants filed an answer to the Complaint on November 14, 2022.

Petitioner filed the instant Expedited Petitions to Approve Compromise of Pending Action (“the Petition”) on behalf of Minor Plaintiffs on October 16, 2023.

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 instant Petitions, the Court finds they are complete and provide for reasonable settlements to Minor Plaintiffs based on the injuries sustained and their future prognosis. Proposed orders for both Petitions have also been submitted.

Therefore, Petitioner Sheree Dale’s Petitions to Approve Compromise of Disputed Claim on behalf of Minor Plaintiffs Aniyah Kelly and Samari Kelly are GRANTED. PROPOSED ORDERS WERE FILED ON OCTOBER 16, 2023 AND ARE SIGNED THIS DATE.