(a)When a minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate, the following persons have the right to compromise, or to execute a covenant not to sue on or a covenant not to enforce judgment on, the claim, unless the claim is against such person or persons:
(1)Either parent if the parents of the minor are not living separate and apart.
(2)The parent having the care, custody, or control of the minor if the parents of the minor are living separate and apart.
(b)The compromise or covenant is valid only after it has been approved, upon the filing of a petition, by the superior court of either of the following counties:
(1)The county where the minor resides when the petition is filed.
(2)Any county where suit on the claim or matter properly could be brought.
(c)Any money or other property to be paid or delivered for the benefit of the minor pursuant to the compromise or covenant shall be paid and delivered in the manner and upon the terms and conditions specified in Chapter 4 (commencing with Section 3600).
(d)A parent having the right to compromise the disputed claim of the minor under this section may execute a full release and satisfaction, or execute a covenant not to sue on or a covenant not to enforce judgment on the disputed claim, after the money or other property to be paid or delivered has been paid or delivered as provided in subdivision (c). If the court orders that all or any part of the money to be paid under the compromise or covenant be deposited in an insured account in a financial institution in this state, or in a single-premium deferred annuity, the release and satisfaction or covenant is not effective for any purpose until the money has been deposited as directed in the order of the court.
Notes of Decisions
Tech-Bilt, Inc. v. Woodward-Clyde & Assocs., 698 P.2d 159 (Cal. 1985).
· cites it 2× “, Prob. Code, § 3500.) [9] The dissent is correct in observing that the inquiry contemplated by our opinion will extend of necessity beyond a simple determination of pro rata fair share.”
Cnty. of Shasta v. Caruthers, 95 Cal. Daily Op. Serv. 930 (Cal. Ct. App. 1995).
· cites it 2× “) More importantly, the guardian ad litem would not have been authorized to settle or compromise a claim on behalf of Savannah without court approval.”
Pearson v. Superior Court, 202 Cal. App. 4th 1333 (Cal. Ct. App. 2012).
“The guardian ad litem “shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against [the minor], and to satisfy any judgment or order in favor of the…”
Contra Costa Cnty. Soc. Servs. Dep't v. Holly H., 2003 Cal. Daily Op. Serv. 54 (Cal. Ct. App. 2002).
“, § 372) and their claims in such actions can be settled on their behalf by their parents or guardians (Prob. Code, § 3500). The state may require that minors receive certain immunizations (Health & Saf.”
Copley Press, Inc. v. Superior Court of San Diego Cnty., 26 Media L. Rep. (BNA) 1948 (Cal. Ct. App. 1998).
“The superior court approved the settlement in a petition for minor’s compromise (Prob. Code, § 3500) and sealed the file. Press 6 moved in superior court to unseal the court file as a public record, citing federal and state constitutional grounds and the Public Records Act.”
Christensen v. Superior Court, 193 Cal. App. 3d 139 (Cal. Ct. App. 1987).
“II A parent’s compromise of a minor’s disputed claim is valid only with court approval (Prob. Code, § 3500, subd. (b)), and disposition of the proceeds requires a court order (Prob.”
Goncalves ex rel. Goncalves v. Rady Child.'s Hosp. San Diego, 65 F. Supp. 3d 985 (S.D. Cal. 2014).
· cites it 2× “Plaintiff next argues that an adjudication by this Court will interfere with the State Court Case because California Probate Code § 3500 requires that a California Superior Court approve any compromise or covenant of a minor’s disputed.”
Nat'l Auto. & Cas. Ins. v. Superior Court, 184 Cal. App. 3d 948 (Cal. Ct. App. 1986).
· cites it 2× “(Prob. Code, § 3500, subd. (b).) However, while requiring judicial approval of uninsured motorist arbitration awards to minors, section 11580.”
Deruyver v. Omni La Costa Resort & Spa, LLC (S.D. Cal. 2020).
· cites it 2× “Code § 372 ; Cal. Prob. Code §§ 3500 , 3600, 3601. This is in keeping 4 with the “special duty” of district courts in this Circuit to “safeguard the interests of 5 litigants who are minors.”
N.G. v. Li ca1/5 (Cal. Ct. App. 2023).
“(a)(3); Prob. Code, § 3500, subd. (b)), the Minor Plaintiffs filed redacted versions of their petitions for approval.”
Starr Indem. & Liab. Co. v. Dunham Trust Co. (C.D. Cal. 2021).
“); 6 (3) The actual funding of all settlements against all parties in full, which shall 7 be defined as the final date upon which all payments have cleared the 8 payee's account; and 9 (4) The filing with this Court of an appropriate notice indicating that the three 10…”
— Cal. Probate Code § 3500(b) — 1 case
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