Compromise Claims of Minors and Incompetent Persons

All petitions and orders for the compromise of claims of minors or incompetent persons shall be filed in compliance with Probate Code section 3500 - external link, Code of Civil Procedure section 372 - external link and California Rule of Court 7.950, et seq. - external link, whether by way of compromise, covenant not to sue, or stipulated judgment. Petitions and orders shall also comply with the applicable requirements of California Rules of Court, rule 2.100 - external link, et seq.

If a complaint has already been filed with the Court, all petitions shall be filed in Room 102, with no filing fee due. If a complaint has not already been filed, parties must submit appropriate filing fees along with (1) for limited civil cases, a complaint, a petition to compromise the claim of a minor or incompetent person and the applicable proposed orders, or (2) for unlimited civil cases, a petition to compromise the claim of a minor or incompetent person and the applicable proposed orders. The party shall furnish the court with one original which is unbound (but instead, clipped or rubber-banded) and one copy in the format pursuant to California Rule of Court 3.1110 - external link, including clearly delineated tabs separating attachments pursuant to subdivision (f).Complaints and petitions shall be submitted by mail or dropped off with the Civil Unit at 720 9th Street in Room 102.

Any petition containing a request for attorney's fees shall be accompanied by a declaration addressing the applicable factors in California Rule of Court 7.955(b) - external link. In the instance where a petition may be brought by a parent on behalf of a minor without formal appointment as guardian ad litem, such petition shall be accompanied by a declaration addressing the parent's qualification to compromise the claim under Probate Code section 3500(a) - external link.

Petitions to compromise the claim of a minor or incompetent person are assigned to Judge Richard C. Miadich in Department 28. Filings shall be submitted by mail, placed in the drop box at 720 9th Street in Room 102, or e-Filed. See Civil e-Filing Information. Parties shall submit petitions and proposed orders with “TBD” indicated as the date and time for the hearing, as all filings are being reviewed on the papers. Upon review of the submitted Minor’s Compromise filings, if it is determined that a hearing is necessary, parties will be notified of the date and time of the hearing and will be provided the instructions for how to appear remotely.

Requests for withdrawal of minor's funds are heard in the Probate Division and will be allowed only upon filing a verified petition, unless the order compromising the claim specifically provides that the funds may be withdrawn once a minor reaches 18 years of age. The petition shall be on the adopted Judicial Council form.