Judge: Serena R. Murillo, Case: BC653985, Date: 2023-04-20 Tentative Ruling

Case Number: BC653985    Hearing Date: April 20, 2023    Dept: 29

Tentative
Petition for approval of Minor's Compromise as to ALAWN BROWN is DENIED.

Pursuant to California Code of Civil Procedure, section 372(a), the guardian or conservator appearing for any minor or person who lacks legal capacity to make decisions “shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same…”  This is because a minor lacks legal capacity to make decisions and thus settlements on their behalf, absent court approval, are not binding contracts.  The requirement that a guardian ad litem must be appointed and that a judge must approve a proposed compromise of a ward’s claim exist to protect the ward’s best interests.  (Pearson v. Superior Court (2012) 202 Cal.App.4th 1333, 1337-1338.)  Just as a minor or person with a disability lacks capacity to enter into a contract, a guardian ad litem lacks contractual capacity to settle the litigation without the court’s endorsement. (Id. at p. 1337-1338.) 

Moreover, the petition filed on behalf of the minor must disclose the attorney’s interests.  The Court of Appeal has recognized that attorney’s fees “come out of and therefore reduce the minor’s recovery.“ (Gonzalez v. Chen (2011) 197 Cal.App.4th 881, 887.)  Thus, they must be reviewed by the court.  These requirements exist independently of Probate Code section 3611 and are not contingent upon the settlement amount. Here, Plaintiff’s counsel has failed to rectify the issues cited in its last three minute orders dated October 3, 2022, November 2, 2022 and January 31, 2023.  

Therefore, the petition to approve minor's compromise is DENIED.

Court sets an OSC re: Why Monetary Sanctions should not be issued in the amount of $1500 for Plaintiff's Counsel's failure to amend and recitfy the issues identified in the petition filed on behalf of Alawn Brown, as ordered by the court, on 10/3/2022, 11/2/2022, and 1/31/2023.  OSC is scheduled for May 19, 2023 at 10:00 a.m.

Moving party to give notice.