- The relevant statutes and rules governing minor's compromise procedures can be found at Probate Code Sections 1021, 3500-3613; Code of Civil Procedure sections 372-376; California Rules of Court, rules 3.1384, 7.101, 7.950-7.955; and San Diego Superior Court Local Rules, rule 2.4.6.
- A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesn’t allow a minor or person with a disability to settle their own claim without an adult guardian. The petition is filed to allow the court to oversee the disposition and disbursement of the settlement funds. This may include establishing a blocked account on behalf of the minor or adult person with a disability.
- A petition for approval of compromise claims may be filed in an existing unlimited or limited civil case only if an action is already pending in that case. Otherwise, the petition must be filed as a new unlimited civil action in the appropriate court location as set forth in the Zip Code List. Any petition meeting the requirements of California Rules of Court, rule 7.950.5(a) will proceed in an expedited manner pursuant to California Rules of Court, rule 7.950.5(b) and (c). In all other circumstances, the petition will be scheduled for hearing within 30 days of the date of filing. The person compromising the claim on behalf of the minor and the minor must be in attendance at the hearing, unless the court orders otherwise.
- All minor’s compromise petitions, orders, and supporting documentation must be filed in the Civil Business Office prior to the hearing date. For a list of Judicial Council Approved Forms and San Diego Superior Court Local Forms, click here. The business office will collect a filing fee.
- Documents that may be needed to be filed with a Minor’s Compromise Petition:
- Verified Petition. The Petition for Compromise of Minors Claim (MC 350) must be fully completed and verified by the parent/guardian ad litem/conservator (signed and dated under penalty of perjury). PC 1021, CRC 7.103. The MC 350 is a required document that must be used. The information requested in the MC 350 is detailed. In general, all the information requested on the MC 350 should be provided with documentation to support where needed.
- Documentary Support. The Petition must include all information in support of the reasonableness of the compromise of the claim for the minor or person with a disability including copies of the medical bills. CRC 7.950
- Doctors Report. The Court will require copies of the medical records and medical bills, detailing the extent of the injuries or disability from the examining or attending physician in lieu of an appearance by the physician. The records shall include the diagnosed injury and the current prognosis for the injury. The record of the most recent examination showing the current condition of the patient shall be included. The documents shall be filed with the petition or at least 5 court days before the hearing date. CRC 7.952.
- Photographs. Subject to personal privacy concerns, the Court requires high resolution color photographs of any scarring to be lodged with the petition or at least 5 court days before the hearing date.
- Medical Lien Documents. If there are medical liens or claims for reimbursement to health insurance companies or automobile carrier (medpay), the Petition must include documentation confirming the amount of the medical lien including the demand letter/letter of compromise from the medical provider reflecting the final balance on the account for court approval. A statement showing only a balance is not sufficient.
- Medi-Cal or Medicare Documents. The Petition must include confirmation by letter from Medi-Cal or Medicare for any balance due or reimbursement. If the reimbursement was negotiated, the demand letter/letter of compromise reflecting the final balance is needed.
- Cost Reimbursement Documents. If an attorney is seeking reimbursement for costs advanced, there must be an easily understandable itemization showing the costs.
- Cost Reimbursement to Petitioner. If the Petitioner or Parent is seeking reimbursement for costs advanced, a copy of the invoice, a copy of cancelled checks or other documentation showing the expenses that were paid is required.
- Attorney Fee Requests. Requests for attorney fees must comply with CRC 7.951 and CRC 7.955 with a supporting declaration explaining the reason for the attorney fee request, including a discussion of the factors listed in CRC 7.955(B). The attorney fee retainer agreement is needed. FC 6602.
- Bank Name and Address. The Petition must include the name and address of the California banking institution to be used for any blocked bank accounts. The Petitioner is advised to confirm that the proposed bank will agree to open a blocked account before listing the bank on the MC 350. CRC 7.953
- Annuity Contract. When the Petition (MC 350) is filed the identity of the intended annuity company must be included with the schedule of payments for the annuity. The rating of the annuity company must also be filed with the court. The annuity company must be qualified with a minimum rating of A+. The Petitioner is to provide confirmation of the rating status for the annuity company. After the approval of the settlement, the court may set a hearing for filing a verified copy of the annuity contract. The copy of the annuity contract must also include a declaration from a person knowledgeable stating that the annuity policy is a complete copy of the original.
- Special Needs Trust. If a special needs trust is being utilized the court will require a copy of the trust documents.
- For partial withdrawal of funds, withdrawal of funds upon reaching the age of majority, and requests to transfer funds, call the Department's Clerk (phone numbers listed below) for instructions.
- Petitions for Approval of Minor’s Compromise.
Click the following link to view the Minors Compromise Information and Instructions
- Petitions to withdrawal partial funds or all funds upon reaching age of majority.
Click the following link to view the Withdrawing Funds from Blocked Account Information and Instructions
Minor's Compromise Hearings
Effective January 1, 2022: Pursuant to Probate Code section 3505, the court shall schedule a hearing on a petition for compromise of minor’s claim within 30 days from the date of filing.
For questions regarding your hearing on minor’s compromise petition, or to schedule a hearing to withdraw funds, contact the department to which your case is assigned.
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