Petition to Compromise Minor’s Claim
(48) Tentative Ruling
Re: In the Matter of Isaiah John Superior Court Case No. 26CU01037
Hearing Date: August 4, 2026 (Dept. 403)
Motion: Petition to Compromise Minor’s Claim
If oral argument is timely requested, it will be entertained on Thursday, August 6, 2026, at 3:30 p.m. in Department 403.
Tentative Ruling:
To deny the Petition to Approve Compromise of Minor’s Claim without prejudice. Petitioner must file an amended petition, with appropriate supporting papers and proposed orders. (Super. Ct. Fresno County, Local Rules, rule 2.8.4.) If oral argument is requested, the petitioner is requested to be present and the minor is excused from appearing.
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.)
The petition indicates that the settlement of $60,000 is to be apportioned unequally to the three plaintiffs. The petitioner, minor’s father James B. John (“petitioner”), is to receive $25,000, minor’s mother, Christina John, is to receive $30,000, and minor is to receive $5,000. Attachment 11b(6) fails to state the reasons for the apportionment in this manner.
There are items of costs that prevent the court from granting the petition. The petition at Item 13b requests $1,180.00 for document preparation. This is a high cost for form preparation, which was insufficient on multiple grounds, and does not provide an explanation of costs other than an invoice for a flat fee. The petition does not adequately support the costs in Item 13b and Attachment 13b as requested. The court intends only to approve reasonable expenses and court costs to be paid out of the settlement proceeds. (Prob. Code § 3601
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Where the petition proposes the funds to be delivered to the minor’s parent as specified in Probate Code sections 3401-3402, as here, the parent is required to provide a verified declaration that “the total estate of the minor, including the money or other 5
property to be paid or delivered to the parent, does not exceed five thousand dollars ($5,000) in value.” (Prob. Code, § 3401, subd. (c).) No such declaration was provided, and is requested.
Item 18 incorrectly lists the balance of the settlement to be disbursed, and must be corrected.
A proposed order (MC-351) was not provided and is requested.
Lastly, the amended petition must be verified with the petitioner’s signature and date the petition was signed.
As such, the petition is denied without prejudice.
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 August 3, 2026. (Judge’s initials) (Date)
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