Petition for Approval of Settlement Agreement
*******************
On 7/21/20, the current trustee Matthew McSorley filed a petition to relieve Trustee of duty to perform under void contract. On 11/25/20, the former trustee Daniel Burgett filed the underlying petition for approval of settlement agreement. The two petitions essentially seek opposing relief.
The Court intends to hear from the guardian ad litem appointed for the Trust's minor beneficiaries regarding whether the 4/13/20 settlement agreement was to their disadvantage and detriment. Subject to such a report, the Court will determine whether the matter should proceed to trial.
Petitioner states that his petition is brought under CCP § 664.6 and PC § 17200(a).
Taking up CCP § 664.6 first, this statute provides:
""If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may ente
Hearing Date
January 06, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Petition for Approval of Settlement Agreement
*******************
On 7/21/20, the current trustee Matthew McSorley filed a petition to relieve Trustee of duty to perform under void contract. On 11/25/20, the former trustee Daniel Burgett filed the underlying petition for approval of settlement agreement. The two petitions essentially seek opposing relief.
The Court intends to hear from the guardian ad litem appointed for the Trust's minor beneficiaries regarding whether the 4/13/20 settlement agreement was to their disadvantage and detriment. Subject to such a report, the Court will determine whether the matter should proceed to trial.
Petitioner states that his petition is brought under CCP § 664.6 and PC § 17200(a).
Taking up CCP § 664.6 first, this statute provides:
""If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may ente