On 03/19/2019 a Other case was filed by SAPAN PARMAR against N/A N/A in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******0826
03/19/2019
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JAMES E. BLANCARTE
PARMAR SAPAN
N/A N/A
3/19/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
3/19/2019: First Amended Standing Order - First Amended Standing Order
3/19/2019: Notice (name extension) - Notice Proposed Order
3/19/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing on Petition To Approve (Minors) Compromise of Disputed Claim scheduled for 07/23/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
Notice Proposed Order; Filed by: Sapan Parmar (Petitioner); As to: n/a n/a (Respondent)
Notice of Hearing on Petition; Filed by: Clerk
Notice of Case Assignment - Limited Civil Case; Filed by: Clerk
First Amended Standing Order; Filed by: Clerk
Case Number: 19STCP00826 Hearing Date: December 05, 2019 Dept: 94
PETITION TO APPROVE COMPROMISE OF PENDING ACTION
(Prob. Code §§ 3500, 3600, et seq.; CCP § 372)
TENTATIVE RULING:
Petition of Jyoti Parmar to Approve Minor’s Compromise of Claim on behalf of minor Claimant Sapan Parmar is GRANTED.
COMPLAINT: Petition to approve compromise of pending claim on behalf of minor for injuries sustained as a result of a motor vehicle accident.
REQUEST FOR RELIEF: Approve settlement reached on behalf of minor Sapan Parmar.
ANALYSIS:
On March 19, 2019, Petitioner Jyoti Parmar (“Petitioner”) filed a Petition to Approve Compromise of Disputed Claim (the “Petition”) on behalf of minor Claimant Sapan Parmar (“Claimant”). Court approval is required for all settlements of a minor’s claim. (See Prob. Code §§ 3500, 3600, et seq.; CCP § 372.)
The Court notes that no Complaint has been filed in this action. Per CRC 7.950, the Court construes the instant Petition as “[a] petition for court approval of a compromise of or a covenant not to sue or enforce judgment.” “[A] minor, a person who lacks legal capacity to make decisions, . . . shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case.” (CCP § 372, emphasis added.) The Petition initially came for hearing on July 23, 2019, at which time the Court held that Petitioner had no standing to bring the Petition because she has not been appointed as Claimant’s guardian ad litem as required CCP § 372.
Petitioner filed an application to be appointed Claimant’s guardian ad litem on August 20, 2019. The application was rejected on September 16, 2019. Petitioner’s second application to be appointed Claimant’s guardian ad litem filed on November 6, 2019 has been granted. Having reviewed the Petition, the Court finds it to be complete, provides for a significant settlement to minor Plaintiff based on his injuries, and that proposed orders have been filed concurrently.
Petition to Approve Minor’s Compromise of Disputed Claim is GRANTED.
Moving party to give notice.