What is a Petition to Approve Compromise of Disputed Claim?

Court approval is required for all settlements of a claim for a person who lacks legal capacity to make decisions. (Prob. Code, §§ 3500, 3600, et seq.; Code of Civ. Proc., § 372.) A petition for court approval must be fully completed. (Cal. Rules of Ct., Rule 7.950.)

Legal Standard

“When a minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate, the following persons have the right to compromise, or to execute a covenant not to sue on or a covenant not to enforce judgment on, the claim, unless the claim is against such person or persons:

  1. Either parent if the parents of the minor are not living separate and apart.
  2. The parent having the care, custody, or control of the minor if the parents of the minor are living separate and apart.”

(Prob. Code, § 3500(a).)

The Court must have an opportunity to review the proposed agreement to ensure its terms are in the best interests of the minor. (Pearson v. Super. Ct. (2012) 202 Cal.App.4th 1333.)

Procedure

“The compromise or covenant is valid only after it has been approved, upon the filing of a petition, by the superior court of either of the following counties:

  1. The county where the minor resides when the petition is filed.
  2. Any county where suit on the claim or matter properly could be brought.”

(Prob. Code, § 3500(b).)

The petition “must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement or disposition.” (Cal. Rules of Ct., Rule 7.950.) “[T]he petition must be prepared on a fully completed Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350).” (Cal. Rules of Ct., Rule 7.950.)

Useful Resources for Petition to Approve Compromise of Disputed Claim

Recent Documents on Petition to Approve Compromise of Disputed Claim

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Notice of Settlement of Entire Case - Status Conference

request for the date 1b the date O2 scheduled hearing

Order Show Cause Re: Dismissal

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk ’3 File Stamp 627 West 21st Street F ED Merced, CA 95340 Merced County Superior Court (209) 725-4111 08/29/2016 ...

Notice Request for Dismissal/Conditional - Case Management Conference

O O 1775 Concord Ave Superior Court of California Chico CA 95928 County of Butte Civil ...

Ruling - Order to Show Cause in re: Dismissal

Superior Court of California County of Kern Bakersfield Department 12 Date: 03/08/2017 _ Time: 12:30 PM . ...

Order to Show Cause in re: Dismissal - PURSUANT TO CALIFORNIA RULE OF CO...

Superior Court of California County of Kern Bakersfield Department 12 Date: 10/27/2017 Time: 3:00 PM ...

Ruling - Order to Show Cause in re: Dismissal

Superior Court of California County of Kern Bakersfield Department 12 Date: 10/27/2017 Time: 3:00 PM ...

Conditional Settlement - Status Conference

CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) |_Ghrstopher B. Mandarich SB 220083: s Ainy Marshall SB961601; Amber Swearingen-Ojuri $B324689; David C. McGaffey SB315632; MANDARICH LAW GROUP, LLP. P 0 Box 109032 Chicago, IL 60610, TELEPHONE NO 877.285 4918 FAX NO. 818 888 1260 E-MAIL ADDRESS (Optional) ATTORNEY FOR (Name)* Cavalry SPV I, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OFBUTTE STREET ADDRESS’ 1775 CONCORD AVE. MAILING ADDRESS: cITy AND zip ...

Request for Dismissal/Unconditional - Status Conference

1775 Concord Ave Superior Court of California Chico CA 95928 County of Butte Civil 530-5...

Order Approving Compromise of Disputed Claim - Status Conference

2/6/2019 .1ATTORNEY OR PARTY WITHOUTATI'ORNEY (Name. SletaBernumber, and address): ’ FORCOURTUSE ONLY ...

Request for Dismissal/Conditional - Status Conference

. 1775 Concord Ave . _ Superlor Court of Callfornla Chico CA 95928 County of Butte ...

Plaintiff's Conditional Settlement - Status Conference

CM-200 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): t-Terry A. Duree, Esq. SBN: 61008 GENTS Terry A. Duree, Inc. 622 Jackson St Fairfield, CA 94533 FF — Superior Court of Califomia__ = TELEPHONE No: 707-422-8933 FAX NO. (Optional): | County of Butte I E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):Kelsti Group, Inc. L L SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE E E street appress: Chico Courthouse maine aopress: 1775 Concord Avenue D Ki Fiener, Clerk...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 Capital One Bank (USA), N.A. vs Carrizales Marcos NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 18CV-00314 Settlement ...

Order Show Cause Dismissal Re: Notice of Settlement

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED Reserved for Clerk’s File Stamp 627 W. 21st Street Merced CA 95340 209-725-4100 CSO Financial, Inc. vs Mariah Fryman NOTICE OF Order Show Cause Dismissal Re: Notice of Case No. 17CV-03915 Settlement ...

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