Judge: Serena R. Murillo, Case: 21STCV17204, Date: 2023-05-23 Tentative Ruling

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**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

Case Number: 21STCV17204    Hearing Date: May 23, 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).  

In addition, Petitioner must designate the "Guardian ad Litem" box in the petition in addition to "Parent."

Thus, the Court CONTINUES this petition and advances and continues the remaining petitions (scheduled for May  24, and 25) to May 26, 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.