Judge: Steven A. Ellis, Case: 22STCV33496, Date: 2025-01-23 Tentative Ruling

Case Number: 22STCV33496    Hearing Date: January 23, 2025    Dept: 29

Petition for Approval of Compromise for Claimant with Disability Andrew Flores (Age 22).

Tentative

The Court excuses the personal appearance of the claimant and the guardian ad litem. Counsel may appear by telephone or video conference call.  

The Court has reviewed the First Amended Petition for Approval of Minor’s Compromise and proposed orders filed on December 18, 2024. The Court finds several issues that must be addressed before approval.

First, as previously noted, Claimant has signed item 21, but did not mark 2e. An adult with a disability who marks item 21 and signs the petition must also mark both 2e and 2f.   

Next, Petitioner contends she is conservator. However, while she is conservator of Claimant’s person, she is not conservator of his estate. There is no proof provided that she can settle this claim, nor receive the funds as elected in 18b(1).

Last, the declaration of Petitioner’s counsel fails to address the factors listed in California Rules of Court, rule 7.955(b) as required.

These issues must be addressed before the Court can approve the Petition.

Accordingly, the Court continued the hearing re Petition for Approval of Compromise for Andrew Flores (Age 22) to __/__/2025 at 01:30 P.M. in Department 29 at Spring Street Courthouse.