Petition to Compromise Minor’s Claim
(48) Tentative Ruling
Re: In the Matter of Isaiah John Superior Court Case No. 26CU01037
Hearing Date: June 24, 2026 (Dept. 403)
Motion: Petition to Compromise Minor’s Claim
Tentative Ruling:
To deny, without prejudice, the petition to approve the compromised claim of minor Isaiah John. Petitioner must file an amended petition, with appropriate supporting papers and proposed orders, and obtain a new hearing date for consideration of the amended petition. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.)
Explanation:
The petition submitted by petitioner seeks approval of the settlement of the personal injury claim of minor Isaiah John (“minor”) against Jon Mitchell, by and through his insurer, GEICO General Insurance Company. There are many issues within the petition that prevent approval.
The petition must be on form MC-350, verified by the petitioner and include all information having bearing on the reasonableness of the compromise. (Cal. Rules of Court, rule 7.950; Super. Ct. Fresno County, Local Rules, rule 2.8.4.)
To assess the reasonableness of the compromise, information about the nature and circumstances of the vehicle collision must be stated. Here, Items 4 and 5 only state the location of the collision. The court requests these Items include a more detailed explanation such that the court can assess how the incident potentially affected the minor.
Minor’s address is incomplete in Item 2a, the court requests that this item be corrected.
The petition at Item 7 indicates the minor was evaluated by Kaiser Permanente. There is not an attachment to the petition, such as Attachment 8, to reflect a diagnosis or prognosis provided on April 4, 2026. Further, there is no affirmative representation, either by attachment or indicated by Item 8, that the minor no longer has a neck strain or sprain, which has been listed as an injury caused by the accident. Item 8 must be completed and supporting medical records must be attached as Attachment 8.
The petition indicates that the settlement of $60,000 is to be apportioned unequally to the three plaintiffs. The petition does not include Attachment 11b(6) stating the reasons for the apportionment in this manner. In addition, Items 11b(2) and 11b(3) are incomplete. The court requests that the forgoing items in the petition be completed and supporting documentation be attached. 9
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
The medical expenses to be paid from the settlement indicate Kaiser Permanente has agreed to accept the reduced amount of $2,557.45 to satisfy the $4,373.00 billed. (Petn. 12b(5)(b)(i).) No written evidence of the negotiated reduction has been provided to support the payment of $2,557.45 from the settlement. As such, evidence of the agreed reduction is requested.
Item 17 of the petition is incomplete, and must be completed.
Most significantly, the petition failed to request a method of disposition of the balance of minor’s proceeds from the settlement. Item 18 of the petition must be completed and the information of the receiving financial institution must be provided. Likewise, Items 1, 4 through 6, and 8 through 10 of the proposed order (MC-351) must be completed. Additionally, the proposed Order to Deposit Funds into Blocked Account (MC-355) filed with the court was incomplete. If the petitioner requests the funds be deposited in a blocked account, a completed MC-355 form is requested.
Lastly, the amended complaint must be verified with the petitioner’s signature and date the petition was signed.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: SMC on 6/23/26. (Judge’s initials) (Date)
10