Judge: Mark E. Windham, Case: 23STLC03337, Date: 2023-10-03 Tentative Ruling

Case Number: 23STLC03337    Hearing Date: October 3, 2023    Dept: 26

Tseshkovska v. Doe, et al.

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

(Prob. Code, §§ 3500, 3600; Cal. Rules of Court 7.950)

TENTATIVE RULING:

Minor Plaintiffs Oleksandra Tseshkovska (“Minor Plaintiff Oleksandra”) and Anna Tseshkovska (“Minor Plaintiff Anna”), by and through their Guardian Ad Litem Olga Tseshkovska (“Petitioner”) filed the instant action for motor vehicle negligence against Defendant Doe Doe (“Defendant”) on May 22, 2023. On June 27, 2023, the court granted Petitioner’s application to be appointed minor Plaintiffs’ Guardian Ad Litem. On August 24, 2023, Petitioner filed the instant Expedited Petitions to Approve Compromise of Pending Action (“the Petition”) on behalf of 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 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.

Conclusion

Therefore, Petitioner Olga Tseshkovska’s Petitions to Approve Compromise of Disputed Claim on behalf of Minor Plaintiffs Anna Tseshkovska and Oleksandra Tseshkovska are GRANTED.

Moving party to give notice.