Motion: Petition to Compromise Minor’s Claim
Tentative Ruling:
To deny without prejudice. Petitioner must file an amended petition, with appropriate supporting papers and proposed orders, and obtain new hearing date for consideration of the amended petition. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.) Explanation:
The petition is incomplete. Petitioner failed to include page 9 of the mandatory petition. That page explains the proposed disposition of the proceeds. Based upon the attachments to the petition and the proposed order it appears that the bulk of the proceeds will be placed in a blocked account for the minor. This is proper. It also appears that petitioner is requesting that $3,000 of the proceeds be paid to her as trustee. (See petition, Attachment 19b(5).) This proposed distribution is improper. The proceeds may be delivered to the petitioner/mother to be held in trust for the minor if the requirements of Probate Code section 3401, subdivision (c), have been satisfi
Hearing Date
November 23, 2020
Type
23 Unlimited - Other PI/PD/WD
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Motion: Petition to Compromise Minor’s Claim
Tentative Ruling:
To deny without prejudice. Petitioner must file an amended petition, with appropriate supporting papers and proposed orders, and obtain new hearing date for consideration of the amended petition. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.) Explanation:
The petition is incomplete. Petitioner failed to include page 9 of the mandatory petition. That page explains the proposed disposition of the proceeds. Based upon the attachments to the petition and the proposed order it appears that the bulk of the proceeds will be placed in a blocked account for the minor. This is proper. It also appears that petitioner is requesting that $3,000 of the proceeds be paid to her as trustee. (See petition, Attachment 19b(5).) This proposed distribution is improper. The proceeds may be delivered to the petitioner/mother to be held in trust for the minor if the requirements of Probate Code section 3401, subdivision (c), have been satisfi