Petition for Approval of Compromise of Claim or Disposition of Proceeds of Settlement for Minor
24CV094988: GONZALES, et al. vs GIN NAM SUI DBA HUMAN EXPRESS 07/02/2026 Hearing on Petition for Approval of Compromise of Claim or Disposition of Proceeds of Settlement for Minor; filed by Cash Gonzales (Minor) CRS# 182275368920 in Department 17
Tentative Ruling - 06/25/2026 Chad A. Stegeman
The Petition to Confirm Minor's Compromise with Special Needs Trust filed by Cash Gonzales on 06/08/2026 is Granted.
The unopposed Petition of Plaintiff Danae Gonzales (Petitioner) to Confirm Minors Compromise as to Cash Gonzales is GRANTED. BACKGROUND This personal injury case involves an accident on February 8, 2018 at restaurant Gin Nam Sui dba Hunan Express in San Lorenzo, California. Claimant Cash Gonzales, a minor by and through Petitioner alleges that he experienced physical injuries involving burns to various parts of his body. Claimants guardian ad litem, Danae Gonzales submits the instant Petition regarding approval of the settlement to be paid to Claimant.
Petitioner seeks approval of attorneys fees from Claimants $75,000 settlement, in the amount of $18,750. (Petition ¶ 13.) Costs incurred consist of $5,215.67 and medical expenses of $2,117. (Petition, Attachment ¶¶ 12(b), 13(b).) Less fees, costs, and expenses, the total amount to claimant will be $48,917.33. (Petition ¶¶ 15-16.) Petitioner requests that the entirety of this amount be deposited in an insured account subject to withdrawal upon the Courts authorization. (Petition ¶ 18(b)(2), Attachment 18(b)(2).)
LEGAL STANDARD California law requires court approval of a parent or guardian ad litems settlement of the claims of a minor. (Code Civ. Proc., § 372, subd. (a)(1) [The guardian or conservator of the estate or guardian ad litem so appearing for any minor, person who lacks legal capacity to make decisions, or person for whom a conservator has been appointed shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against the ward or conservatee, and to satisfy any judgment or order in favor of the ward or conservatee or release or discharge any claim of the ward or conservatee pursuant to that compromise.]; see also Prob.
Code, § 3500.)
A petition for court approval of a compromise under Code of Civil Procedure, § 372 must comply with California Rules of Court 7.950
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?”
In considering an attorneys fee award, the court uses a reasonable fee standard and must give 24CV094988: GONZALES, et al. vs GIN NAM SUI DBA HUMAN EXPRESS 07/02/2026 Hearing on Petition for Approval of Compromise of Claim or Disposition of Proceeds of Settlement for Minor; filed by Cash Gonzales (Minor) CRS# 182275368920 in Department 17 consideration to the terms of representation and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made. (Id., at rule 7.955.)
The petitioner and the minor must attend the hearing on the petition unless the court for good cause dispenses with the requirement. (Id., at rule 7.952.) DISCUSSION The Petition satisfies the requirements for approval. The Petition is verified by Petitioner, Claimants GAL, and uses the required Judicial Council forms. The Petition includes the amount and terms of settlement. (Petition ¶¶ 10-11.) There is no opposition on file. Petitioner seeks approval of $18,750 in attorneys fees, which represents 25% of Claimants total proposed recovery, which is within the allowable statutory limits of 25%. (Petition ¶ 13.)
Petitioner sets forth the costs and expenses incurred by counsel in the amount of $5,215.67. (Petition, Attachment ¶ 13(b).) The costs sought are reasonable. Based upon the foregoing, the Petition of Danae Gonzales as to Claimant Cash Gonzales is GRANTED. The Court will sign the Proposed Order. Unless the tentative is contested, the Court will dispense of personal appearances of Petitioner and Claimant at the hearing. (Cal. Rules of Ct. 7.952(a).)
If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.
HOW DO I CONTEST A TENTATIVE RULING?
THROUGH ECOURT Notify the Court and all the other parties no later than 4:00 PM one court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select Search 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling 7. Enter your Name and Reason for Contesting
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
24CV094988: GONZALES, et al. vs GIN NAM SUI DBA HUMAN EXPRESS 07/02/2026 Hearing on Petition for Approval of Compromise of Claim or Disposition of Proceeds of Settlement for Minor; filed by Cash Gonzales (Minor) CRS# 182275368920 in Department 17 8. Select Proceed
BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4:00 PM one court day before the scheduled hearing. This will permit the department clerk to send invitations to counsel to appear remotely.
BOTH ECOURT AND EMAIL notices are required.