Judge: Serena R. Murillo, Case: 21STCV17204, Date: 2023-05-22 Tentative Ruling

Case Number: 21STCV17204    Hearing Date: May 22, 2023    Dept: 31

TENTATIVE

The Court has reviewed the Petition to Approve Compromise of Disputed Claim of a Minor. While the Court finds that the settlement is reasonable, Petitioner requests that the funds be delivered to Claimant’s mother, Maira Gutierrez, in accordance with Probate Code sections 3401-3402, but Petitioner failed to comply with Probate Code sections 3401-3402.

Probate Code section 3401 requires that “[t]he parent to whom the money . . .is to be paid . . . gives the person making the payment or delivery written assurance, verified by the oath of such parent, that the total estate of the minor, including the money . . . to be paid . . . to the parent, does not exceed five thousand dollars ($5,000) in value.”  (Prob. Code, § 3401, subd. (c)(2) (emphasis added.))  Petitioner failed to include a copy of such written assurance with the Petition as an attachment to item 19b(5).  

Thus, the Court CONTINUES the petition to May 25, 2023 at 8:30 a.m., to allow Petitioner to resubmit the Petition and including a copy of the written assurance.

Moving party is ordered to give notice.