| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Minor's Compromise
Case Number
Case Type Civil Law & Motion Hearing Date / Time Wed, 04/01/2026 - 10:00 Nature of Proceedings Minor's Compromise Tentative Ruling HEARING Plaintiff's Petition for Approval of Compromise of Claim of Sawyer Anderson, a Minor ATTORNEYS For Plaintiff Sawyer Anderson, by and through his Guardian Ad Litem Carrie Anderson: Matthew C. Stoll, The Stoll Law Firm For Defendant Micah Jay McWilliams: Tyler Lindberg, Bretoi Lutz & Stele
For the reasons set forth herein, the petition for approval of compromise of claim of minor Sawyer Anderson is granted.
Background
This action commenced on May 12, 2025, by the filing of the judicial council form complaint by plaintiff Sawyer Anderson (Sawyer), a minor, by and through his guardian ad litem Carrie Anderson (Carrie), for personal injury, against defendant Micha Jay McWilliams (defendant). (Note: Due to common surnames Sawyer Anderson and Carrie Anderson will be referred to by their given names for clarity. No disrespect is intended.)
As alleged in the complaint: On September 23, 2024, near Milpas Street and De La Guerra Street, Santa Barbara, defendant caused his 2016 Chevy Silverado to collide with a Surron Light Bee (an electric bicycle) operated by Sawyer, causing injuries. Carrie, as Sawyer's parent and guardian ad litem, now petitions the court for approval of compromise of Sawyer's claim. The petition is unopposed.
Analysis
"The requirements that a guardian ad litem be appointed and that the proposed compromise of a minor's claim be approved by the trial court exist to protect the best interests of the minor." (Pearson v. Superior Court (2012) 202 Cal.App.4 th 1333, 1338.)
"While the guardian ad litem has the power to assent to procedural steps that will facilitate a determination of the ward's case [citation], the guardian ad litem's authority is that of " ' "an agent with limited powers." ' [Citation.]" [Citation.] For example, when a guardian ad litem believes that settling a case is in the ward's best interests, that decision requires court approval. (Code Civ. Proc., 372.) The court has a duty to ensure that the ward's rights are protected by the guardian ad litem." (McClintock v. West (2013) 219 Cal.App.4 th 540, 549.)
"A petition for court approval of a compromise of, or a covenant not to sue or enforce judgment on, a minor's disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; or the disposition of the proceeds of a judgment for a minor or person with a disability under Probate Code sections 3500 and 3600-3613 or Code of Civil Procedure section 372 must be verified by the petitioner and must contain a full disclosure of all information that has any bearing on the reasonableness of the compromise, covenant, settlement, or disposition. Except as provided in rule 7.950.5, the petition must be submitted on a completed Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability (form MC-350)." (
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"If the petitioner has been represented or assisted by an attorney in preparing the petition for approval of the compromise of the claim or in any other respect with regard to the claim, the petition must disclose the following information: "(1) The name, state bar number, law firm, if any, and business address of the attorney; "(2) Whether the attorney became involved with the petition, directly or indirectly, at the instance of any party against whom the claim is asserted or of any party's insurance carrier; "(3) Whether the attorney represents or is employed by any other party or any insurance carrier involved in the matter; "(4) Whether the attorney has received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, and, if so, the amounts and the identity of the person who paid the fees or other compensation; "(5) If the attorney has not received any attorney's fees or other compensation for services provided in connection with the claim giving rise to the petition or with the preparation of the petition, whether the attorney expects to receive any fees or other compensation for these services, and, if so, the amounts and the identity of the person who is expected to pay the fees or other compensation; and "(6) The terms of any agreement between the petitioner and the attorney." (Cal. Rules of Court, rule 7.951.)
Plaintiff has submitted to following information, on the required judicial council form MC-350 (Petition), signed by Carrie under penalty of perjury: Sawyer is 16 years old with a date of birth of November 20, 2009. (Petition, P. 2.)
On September 23, 2024, Sawyer was riding his electric bicycle southbound on Milpas Street when defendant was making a left turn from northbound Milpas Street onto westbound De La Guerra Street and he contacted Sawyer's right hand on the rear passenger corner of defendant's vehicle. (Petition, P.P. 4, 5.)
Sawyer sustained a laceration to his right hand for which he received an urgent care evaluation and a plastic surgeon evaluation. (Petition, P.P. 6,7.) Sawyer has completely from his injuries and there are no permanent injuries. (Petition, P. 8.)
The terms of the settlement are that defendants will pay $20,000.00 in settlement of the claim, in one lump sum. (Petition, P. 10.)
Sawyer's attorney requests that the court approve, to be deducted from the settlement, $2,500.00 for medical expenses owing, $5,000.00 as attorney's fees, and $1,381.49 as additional expenses. (Petition, P. 16.)
The net balance of settlement proceeds to be paid to Sawyer totals $11,118.51. (Petition, P. 16.)
Sawyer's attorney has provided all the information about himself that is required by California Rules of Court, rule 7.951. (Petition, P. 17.)
Sawyer through Carrie, requests that the balance of the settlement, after the above disbursements, be deposited in an insured account, with Wells Fargo Bank, located in Montecito, subject to withdrawal only upon Sawyer reaching 18 years of age or on authorization of the court. (Petitions, P. 18, subd. (b)(2) & Proposed Order, P. 9, subd. (b)(2).)
The court has reviewed the petition, along with the attachments, and finds that the settlement is fair, reasonable, and in the best interests of Sawyer. The court intends on executing the proposed orders submitted by Sawyer's counsel.
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