On February 28, 2024, Plaintiff, Brody Willett, a minor, by and through his Guardian ad Litem, Sarah Perdue, filed a complaint against Defendant, Jogn Gudenkauf, and DOES 1 through 20. The complaint alleges causes of action for: (1) Negligence; and (2) Motor Vehicle Owner Liability.  

Now, Plaintiff has filed a Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability.  

B. Procedural  

On August 5, 2024, Plaintiff filed his Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability. To date, no opposition has been filed.  

II. ANALYSIS  

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 he or she has a right to compromise the minor’s claim under Cal. Probate Code section 3500. Pursuant to California Rules of Court (“CRC”) Rule 7.950, a petition for court approval of a compromise of a pending action for a minor “mut be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition.”

Regarding the substance of the Petition, to obtain court approval of the settlement of a minor’s claims, the petitioner must file a complete and “verified petition for approval of the settlement and must disclose ‘all information that has any bearing upon the reasonableness of the compromise.’ [Citations.]” (Barnes v. Western Heritage Ins. Co. (2013) 217 Cal.App.4th 249, 256; Cal. Rules of Court, rule 7.950.) (Italics added.)

Plaintiff’s guardian ad litem, Sarah Perdue, has filed this Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability. The Petition indicates that Plaintiff’s claim is the subject of a pending action or proceeding that will be compromised or settled without a trial. Plaintiff has included a filing of the Notice of Settlement. The settlement agreement is conditions dismissal of the matter on the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement, but notes that a request for dismissal will be filed no later than December 4, 2024.  

The Petition asserts that the claimant has recovered completely from the effects of the injuries described in item 6, and there are no permanent injuries. It also notes that the Petitioner has made a careful and diligent and investigation into the facts and circumstances of the incident or accident in which the claimant was injured; the responsibility for the incident or accident; and the nature, extent, and seriousness of the claimant’s injuries. Petition notes that they understand that if the compromise proposed in this petition is approved by this Court and consummated, the claimant will never be able to recover any more compensation from the settling defendants even if the claimant’s injuries turn out to be more serious than they now appear.  

Further, the Petition notes that Defendant, John Gudenkauf agreed to the settlement of a limp sum payment of $30,000. This Petition notes that the claimant’s medical expenses – including medical expenses paid by petitioner, Medicare, Medi-Cal, and private insurers – to be paid or reimbursed from proceeds of the settlement of judgment include: (1) Total medical expenses before any reductions: $5,125.47; (2) Total medical expenses paid: $937.57; (3) Total of negotiated, contractual, or statutory reductions, if any: $4,422.29; and (5) Total amount of statutory or contractual liens, if any: $703.18. 

The Petition also accounts for claimant’s attorney’s fees and all other expenses (except for medical expenses), including expenses advanced by claimant’s attorney or paid or incurred by petitioner, to be reimbursed from proceeds of settlement of judgment. The total amount of attorney’s fees for which court approval is requested amounts to $7,500, and Petitioner confirms that Petitioner has paid none of the fees or expenses. The summary of expenses includes: (1) Gross amount of settlement proceeds: $30,000; (2) medical expenses to be paid from proceeds of the settlement: $703.18; (3) attorney’s fees to be paid from proceeds of settlement or judgment: $7,500; (4) expenses (other than medical) to be paid from proceeds of settlement or judgment: $613.25; (5) total fees and expenses to be paid from proceeds of settlement or judgment: $8,816.43; and (6) balance of proceeds of settlement or judgment available for claimant after payment of all fees and expenses: $21,183.57.  

Lastly, the Petition confirms that there is no guardianship or conservatorship of the estate of the claimant, and that Petitioner requests that the court order the disposition of the balance of the proceeds of the settlement or judgment as follows: $21,183.57 be deposited in insured accounts in one or more financial institutions in this state, subject to withdrawal only on authorization of the court. The Petition asserts that the name, branch, and address of each depository are specified in attachment 18b(2) which states: Schools First Federal Credit Union, 21241 Hawthorne Blvd., Torrance, CA 90503. 

The Court GRANTS this motion as all information provided in the moving papers tends to bear upon the reasonableness of the compromise. 

III. CONCLUSION 

For the foregoing reasons, Plaintiff’s Petition for Minor’s Compromise is GRANTED.  

Moving party is ordered to provide notice.