TENTATIVE¿ 

¿ 

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

Plaintiffs agreed to settle their claims against Defendant for the total amount of $22,600, with $7,100 being apportioned to Jaylen Langford (“Claimant”). If the settlement is approved, $1,175 will be used for attorneys’ fees. The net balance of $5,325 will be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act. 

The petitions filed on May 9, 2024 and May 13, 2024, which appear to be duplicative, are DENIED for the following reasons: 

First, Petitioner uses an outdated MC-350EX [Rev. January 1, 2010] instead of MC-350EX [Rev. January 1, 2021].  

Second, a number of required Attachments are absent entirely from the petition, namely: Attachment 12 (terms of settlement), Attachment 15a (declaration from attorney explaining the basis for the request, including a discussion of applicable factors listed in rule 7.955(b) of the Cal. Rules of Court, and copy of written attorney fee agreement), Attachment 20a(3) based on the disposition of the proceeds selected, which is also at issue in itself.  

Third, the net settlement is proposed to be transferred under the California Uniform Transfers to Minors Act. The Court is not convinced that all the requirements to permit a transfer pursuant to the Uniform Transfer to Minors Act have been fulfilled. Specifically, the Court has not been provided with any evidence that a custodian has been nominated in compliance with Probate Code 3903. There is no proposed custodian, nor is it apparent that any person is aware of all of the obligations and responsibilities of a custodian as delineated in Probate Code section 3912. If, after consideration of the options, Petitioner wishes to file an amended petition requesting an alternate method of disbursement, the Petitioner may do so. 

Lastly, no Order Approving Compromise on MC-351 [Rev. January 1, 2021] was filed in connection with the petition.  

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. Petitioner, through counsel, is to carefully review MC-350EX [Rev. January 1, 2021] and provide the requisite Attachments depending on the item selected.  

Moving party is ordered to give notice.