Judge Teresa A. Beaudet, Case Number: BC574630, Date: 2023-10-16 Tentative Ruling

Plaintiff Alvin Tate, an incompetent adult, by and through his Guardian Ad Litem Clarence Tate (“Plaintiff”) filed this action on March 5, 2015 against, among other defendants, Defendant FCA US LLC (“FCA”). The Complaint alleges causes of action for (1) strict product liability and (2) negligence product liability.

A settlement was reached in this matter with FCA. Duane P. Booth is the Guardian ad Litem of Claimant Alvin Lawford Tate (“Claimant”).[1] Duane P. Booth as Petitioner (“Petitioner”) now petitions for the Court’s approval of the settlement on behalf of Claimant.

Pursuant to Code of Civil Procedure section 372, subdivision (a)(3), “[t]he 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 the same, to agree to the order or judgment to be entered therein for or against the ward or conservatee, and to satisfy any judgment or order in favor of the ward or conservatee or release or discharge any claim of the ward or conservatee pursuant to that compromise…”

Pursuant to California Rules of Court, rule 7.950, “[a] petition for court approval of a compromise of, or a covenant not to sue or enforce judgment, on a minor’s disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).”

Here, the Petition is prepared on form MC-350 and is verified by Petitioner. However, the Court notes a number of defects with the Petition.

First, it does not appear that any proof of service was filed with the Petition.

Fourth, the Petition indicates that $15,000.00 in “Guardian Ad Litem Attorney Fees” to Payee Duane P. Booth should be paid out of Claimant’s share of the proceeds of the settlement. (See Petition, Item 13(b).) Pursuant to California Rules of Court, rule 7.955, subdivision (c), “[a] petition requesting court approval and allowance of an attorney’s fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court.” It does not appear that any such declaration was provided.

Sixth, Item 18(a)(3)(e) of the Petition appears to be checked. However, the amount “to be transferred to the trustee of a special needs trust” is not specified. In addition, Item 18(a)(3)(e) states, “[t]he terms of the proposed special needs trust and the property to be transferred are specified in Attachment 18a(3)(e).” However, no Attachment 18a(3)(e) has been provided.

Seventh, Item 19 of the Petition, which concerns “Statutory liens for special needs trust,” is checked. Item 19 states “Petitioner requests an order for payment of funds to a special needs trust (explain how statutory liens under Probate Code section 3604, if any, will be satisfied)…” However, the Petition does not explain how “statutory liens under Probate Code section 3604, if any, will be satisfied.” Rather, the Petition states “[c]urrently negotiating with Department of Health Services.” (See Petition, Item 19.)

Based on the foregoing, the Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability is denied without prejudice.

[1]The Court notes that the March 2, 2021 minute order in this action provides, inter alia, “Defendant’s counsel indicates that Lorraine Tate has been appointed as conservator of the person of Alvin Tate, the Public Guardian has been appointed as the conservator of the estate of Alvin Tate and Duane Booth will remain the Guardian ad Litem.”

Superior Court of California

County of Los Angeles

Department 50