Judge: Mark E. Windham, Case: 22STLC05882, Date: 2023-03-09 Tentative Ruling
Case Number: 22STLC05882 Hearing Date: March 9, 2023 Dept: 26
PETITION TO APPROVE COMPROMISE OF PENDING ACTION ON BEHALF OF A MINOR
TENTATIVE RULING:
On September 8, 2022, minor
Plaintiff Aisha Kharaeva (“minor Plaintiff”) filed the instant action for motor
vehicle negligence against Defendant Lawrence Williams, Jr. (“Defendant”). On
September 21, 2022, Petitioner Zarema Shidaeva (“Petitioner”) filed the instant
Petition to Approve Compromise of Pending Action on behalf of minor Plaintiff. Petitioner’s Application and Order
for Appointment of Guardian Ad Litem was granted on November 7, 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 Claimants, “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 he or
she has a right to compromise the minor’s claim under Cal. Probate Code section
3500.
The
Court previously ruled on the Petition and found it to be incomplete. (Minute
Order, 02/09/23.) The Expedited Petition was set for hearing and Petitioner was
ordered to provide the Court with a copy of minor Plaintiff’s medical records.
A declaration with the medical records was filed on March 8, 2023. (Supp. Nodd
Decl.) Regarding the substance of the Petition, to obtain court approval of the
settlement of a minor’s claims, the Petitioner must file a complete and
“verified petition for approval of the settlement and must disclose ‘all
information that has any bearing upon the reasonableness of the compromise.’ [Citations.]”
(Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249,
256; CRC 7.950.) Having reviewed the Petition, the Court finds it is now
complete and provides for a reasonable settlement to minor Plaintiff based on
their injuries and prognosis. Proposed orders have been filed as required.
Therefore, Petitioner Zarema Shidaeva’s Petition to Approve Minor’s Compromise
of Disputed Claim on behalf of minor Plaintiff Aisha Kharaeva is GRANTED.
Court
clerk to give notice.