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:
Either parent if the parents of the minor are not living separate and apart.
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:
The county where the minor resides when the petition is filed.
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
Parmar
The Petition to Approve Compromise of Disputed Claim of Minor is CONTINUED to September 26, 2019 at 8:30 a.m. in Department 94.
I. Discussion
On March 19, 2019, Petitioner Jyoti Parmar (“Petitioner”) filed a Petition to Approve Compromise of Disputed Claim (the “Petition”) on behalf of minor Claimant Sapan Parmar (“Claimant”).
Court approval is required for all settlements of a minor’s...
..or of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (CCP § 372, emphasis added.) As a preliminary matter, Petitioner has no standing to bring the instant Petition because she has not been appointed as Claimant’s guardian ad litem as required CCP § 372.
II. Conclusion & Order
Because of the foregoing...
Plaintiffs' motion to file documents under seal is denied.
Plaintiffs' moving papers appear to request to file the entirety of the petition to approve compromise of disputed claim and order approving compromise of disputed claim under seal. Plaintiffs state that the settlement with Defendant and "documentation in this matter" includes a confidentiality clause which prevents the disclosure of the...
..and, without sealing the papers, Plaintiffs cannot control access to and disclosure of information subject to the confidentiality clause of the settlement agreement.
However, the Court notes that on September 27, 2017, prior to the filing of the instant motion, Plaintiffs filed a redacted version of the petition, only omitting the amounts of the settlement. [See ROA # 233.] Additionally, Plainti...
Plaintiffs' motion to file documents under seal is denied.
Plaintiffs' moving papers appear to request to file the entirety of the petition to approve compromise of disputed claim and order approving compromise of disputed claim under seal. Plaintiffs state that the settlement with Defendant and "documentation in this matter" includes a confidentiality clause which prevents the disclosure of the...
..and, without sealing the papers, Plaintiffs cannot control access to and disclosure of information subject to the confidentiality clause of the settlement agreement.
However, the Court notes that on September 27, 2017, prior to the filing of the instant motion, Plaintiffs filed a redacted version of the petition, only omitting the amounts of the settlement. [See ROA # 233.] Additionally, Plainti...
PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR
(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)
TENTATIVE RULING:
Petitioner Burn & Partners, Inc. on behalf of Minor Claimant Braden Castro’s Petition to Approve Compromise of Disputed Claim of Minor is DENIED without prejudice.
ANALYSIS:
I. Discussion
On November 13, 2019, Petitioner Burns & Partners, Inc. (“Petitioner”) filed a Peti...
..1010.6 provides that “[f]or cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other repres...
PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OF MINOR
(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)
TENTATIVE RULING:
Petitioner Maribel Veron on behalf of Minor Claimant Joseph Salinas’s Petition to Approve Compromise of Disputed Claim of Minor is CONTINUED to Nov. 5, 2019 at 10:30 a.m. in Department 94.
ANALYSIS:
I. Discussion
On July 30, 2019, Petitioner Maribel Veron (“Petitioner”)...
..an ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (CCP § 372, emphasis added.) As a preliminary matter, Petitioner has no standing to bring the instant Petition because she has not been appointed as Claimant’s guardian ad litem as required CCP § 372.
Petitioner also fails to include a proof of service to show that the moving pap...
Nature of Proceedings: First and Final Account and Report of Status of Administration etc./First and Final Account and Report of Status of Administration
A settlement has been reported that impacts the minor heir’s distribution. However, a Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor has not yet been presented for approval by...
..se the Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor is a mandatory court form. (Judicial Council form MC-250.) Moreover, the request for court approval must be submitted in the appropriate civil case. Even if the court were to deem this a Petition to Approve Compromise, the request is incomplete. According to the Settlement Agr...
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
...
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 ...
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...
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
...
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
...
