TENTATIVE¿ 

¿ 

Claimant Nasir Willis agreed to settle his claims against Defendants for the total amount of $24,000. If the settlement is approved, $5,000 will be used for attorneys’ fees, and $450 will be used for costs. The net balance of $17,550 will be transferred to a custodian for the benefit of the minor under the California Uniform Transfers to Minors Act. 

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. 

Pursuant to CRC 7.952, Plaintiff and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance. Plaintiff Nasir Willis herein is 8 years old, and thus, the Court excuses the minor’s appearance. However, 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. Further, the Court is not satisfied that that the proposed custodian 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 pursuant to 19(b), the petitioner may do so. 

The petition is DENIED without prejudice to the filing of an amended petition. Petitioner must reserve a new date and file an amended petition curing the above-noted defects at least 9 court days before the continued hearing date. 

Moving party is ordered to give notice.