Judge: Mark E. Windham, Case: 23STLC04529, Date: 2023-09-12 Tentative Ruling

Case Number: 23STLC04529    Hearing Date: February 13, 2024    Dept: 26

Valdez, et al. v. Isoria, et al.

PETITION TO APPROVE COMPROMISE OF PENDING ACTION

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

TENTATIVE RULING:

Minor Plaintiff Israel Cardenas (“Plaintiff Israel”), by and through their Guardian Ad Litem Jamilet Gonzalez (“Petitioner”), filed the instant action for personal injuries against Defendant Prescilla Isoria (“Defendant”) on July 18, 2023. On October 12, 2023, Petitioner filed the instant Petition to Approve Compromise of Pending Action (“the Petition”) on behalf of minor Plaintiff. No opposition has been filed to date. The court granted Petitioner’s application to be appointed minor Plaintiff Israel’s Guardian Ad Litem on December 1, 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 Petition for minor Plaintiff Israel, the Court finds it is complete and provides for a reasonable settlement based on the injuries sustained and future prognosis. Proposed orders with respect to the Petition on behalf of minor Plaintiff Israel have also been filed.

Conclusion

Petitioner Lina Valdez’s Petition to Approve Compromise of Disputed Claim on behalf of minor Plaintiffs Israel Cardenas is GRANTED.

Moving party to give notice.