Petition to Approve Minor Compromise
CASE NUMBER: 26PB-0033441 Tentative Ruling on Petition to Approve Minor Compromise: Amy Coffman seeks an order approving the compromise of claim on behalf of her minor son Emmett Cardenas Coffman. California Rules of Court, Rule 7.950 provides that a petition for court approval of a minor’s compromise must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise. The Petition provides the required information. The Court is prepared to find that the settlement is in the best interest of the minor, if the voir dire process is completed to the Court’s satisfaction.
The Court notes this is not an expedited petition brought on Judicial Council Form MC-350EX. See CRC Rule 7.950.5. Hearing is needed on the Petition before it can be approved. The person seeking approval of the settlement on behalf of the minor and the minor are required to appear at the hearing, unless good cause is presented for their non-appearance. CRC Rule 7.952. The Petitioner is required to appear. The Court will not require the appearance of the minor at today’s hearing, as he is only five years old.
The Court will voir dire the Petitioner about the terms of the settlement and any other potential sources to increase the settlement amount such as an umbrella policy or other potential sources of insurance. The Court will also inquire as to whether the Petitioner sought independent legal advice. The Court will also inquire as to whether the Petitioner understands that once approved, the settlement is final and binding on the minor. If satisfied, the Court intends to grant the Petition. If granted, the Court will execute the Orders and schedule a hearing for review regarding
confirmation of funding the annuity.
COX VS. COUNTY OF SHASTA
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?”