Judge: Steven A. Ellis, Case: 21STCV36085, Date: 2024-03-07 Tentative Ruling
Case Number: 21STCV36085 Hearing Date: April 10, 2024 Dept: 29
Hearing for Petition to Approve Compromise for Victoria De Silverio Avila (Age 20)
Tentative:
Petitioner filed the Petition and Order for Minor’s Compromise on February 7, 2024.
The Court has reviewed the petition filed by Petitioner Elvia Irene Avila Perez, parent of Claimant, a disabled adult.
The Court has also reviewed its file and does not see any order appointing Petitioner as Claimant’s guardian ad litem. The petition states that there is no conservatorship for Claimant.
“The guardian or conservator of the estate or guardian ad litem so appearing for any minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed shall have power, with the approval of the court in which the action or proceeding is pending, to compromise.” (Code Civ. Proc., § 372(a)(3).)
Accordingly, the petition is denied without prejudice.
Before the Court can consider the petition, the Petitioner must obtain an order appointing her as guardian ad litem (or conservator).