Judge: Michelle C. Kim, Case: 19STCV00511, Date: 2023-12-11 Tentative Ruling


Case Number: 19STCV00511    Hearing Date: December 11, 2023    Dept: 31

DEPT:  

31 

HEARING DATE: 

12/11/2023 

CASE NAME/NUMBER: 

19STCV00511 ELISE GILBERT, et al. vs MABEL ARAGON 

PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF A MINOR 

  1. JOSEPHINE GILBERT, Age 18; 

  1. ELOISE TRUE GILBERT, Age 15 

RECOMMENDATION: 

Deny for reasons stated below. 

 

 

TENTATIVE¿ 

¿ 

The Court excuses the personal appearance of Claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.¿ 

 

  1. JOSEPHINE GILBERT  

 

When this action was filed, Josephine was a minor and required the appointment of a guardian ad litem.  However, pursuant to the petition, and to the relevant application and order for appointment of guardian ad litem, Josephine is now 18 years old. A guardianship automatically terminates when the subject of the guardianship reaches the age of majority.  (Prob. Code § 1600; see also Guardianship of L.V. (2006) 136 Cal.App.4th 481, 493 fn. 1.)  Thus, because Josephine is no longer a minor, there is no reason to rule on the petition to approve minor’s compromise.   

 

Therefore, the petition as to Josephine is moot in light of Josephine now being 18 years old. The Court will address the petition concerning minor Eloise True Gilbert only. 

 

  1. ELOISE TRUE GILBERT  

 

Plaintiffs have agreed to settle their claims against Defendant for the total amount of $47,500, with $3,500 being apportioned to Eloise True Gilbert (“Claimant”). If the settlement is approved, $875 will be used for attorneys’ fees, and $165.22 will be used for costs. The net balance of $2,459.78 will be delivered without bond to Elise Gilbert, the parent of minor Claimant.  

 

The Court reviews the settlement and finds it fair and reasonable.¿The Court also finds the attorney’s fees fair and reasonable, in that it amounts to 25% of Claimant’s settlement. 

 

However, the petition filed on December 1, 2023 is denied for the following reasons: 

 

Petitioner did not sign the petition on page 10 of MC-350.  

 

Petitioner also did not sign her own declaration (Exhibit B) provided in relation to Attachment 11b(3) and 11(b)(6). 

 

Petitioner must reserve a new date and file a new petition curing the above-noted defects at least 

9 court days before the continued hearing date. 

 

Moving party is ordered to give notice.