California Codes
Cal. Probate Code § 3600 (2026)
✓ current as of May 2026 Cite as: Cal. Probate Code § 3600 (2026)
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This chapter applies whenever both of the following conditions exist:
(a)A court (1) approves a compromise of, or the execution of a covenant not to sue on or a covenant not to enforce judgment on, a minor’s disputed claim, (2) approves a compromise of a pending action or proceeding to which a minor or person with a disability is a party, or (3) gives judgment for a minor or person with a disability.
(b)The compromise, covenant, or judgment provides for the payment or delivery of money or other property for the benefit of the minor or person with a disability.
Notes of Decisions
Cited in 56
cases (35 in the last 5 years), 1981–2025 · leading case: American Bank & Trust Co. v. Community Hospital
American Bank & Trust Co. v. Community Hospital (1984)
“2d 821 ), court administration of monetary relief awarded to minors and incompetent persons (Prob. Code, § 3600 et seq.), and court apportionment of wrongful death recoveries among individual heirs (§ 377).”
Goncalves Ex Rel. Goncalves v. Rady Children's Hospital San Diego (2017)
“See Cal. Prob. Code § 3600 ; Pearson v. Superior Court, 136 Cal.”
Gonzalez v. City Nat'l Bank (2019)
“) Sections 3604 and 3605 of the Probate Code, enacted in 1992 and effective as of January 1, 1993, govern special needs trusts established by a court after it approves a monetary settlement or enters a judgment that includes monetary damages for a minor or a person with a…”
Schultz v. Harney (1994)
“Section 3601 provides that in making any order referred to in section 3600, the court must make a further order authorizing reasonable expenses, costs and attorney fees.”
McMillian v. Stroud (2008)
“Marguerite McMillian, his grandmother, is the tmstee of a special needs trust established for his benefit in 2001 (Prob. Code, § 3600 et seq.). 2 In January 2002, he initiated an action for professional negligence against several physicians and private medical facilities.”
Ojeda v. Sharp Cabrillo Hospital (1992)
“(Prob. Code, §§ 3600 and 3601.) Several of the ethics opinions which consider the issue of a contingent fee consulting contract have noted the relationship between the amount the client spends on a consultant and the amount spent on a lawyer.”
Martinez v. BEVERLY HILLS HOTEL (2010)
“The Steve Martinez Special Needs Trust The Steve Martinez Special Needs Trust was established under California Probate Code § 3600 et seq. Plaintiff and her husband are members of the three-person Trust Advisory Committee, which provides non-binding “recommendations and advice”…”
Volkswagenwerk Aktiengesellschaft v. Superior Court (1981)
“, § 372; Prob. Code, § 3600, subd. (b).) If there is error in the trial court’s order, we consider it clerical in nature and it may be rectified nunc pro tunc by the trial court.”
Sisco v. COSGROVE, MICHELIZZI, SCHWABACHER, WARD (1996)
“(Prob. Code, § 3600.) Probate Code section 3601 provides that the court approving the compromise shall direct that an amount for reasonable expenses and attorney’s fees be paid from the settlement.”
Curtis v. Estate of Fagan (2000)
“An exception exists, however, where the lawyer represents a minor or incompetent person and recovers funds by way of a- judgment or settlement.”
John Doe v. Camp Pendleton & Quantico Housing, LLC (2020)
“Code § 372, and Cal. Prob. Code §§ 3600 , et 2 seq. ECF No.”
Motlagh v. Macy's Corporate Services, Inc. (2020)
“See Cal. Prob. Code §§ 3600 et seq. Courts applying California law 6 must “evaluate the reasonableness of the settlement and determine whether the compromise 7 is in the best interests of the minor [or incompetent].”
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