Compromise Claims of Minors and Incompetent Persons |
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All petitions and orders for the compromise of claims of minors or
incompetent persons shall be filed in compliance with Probate Code
section 3500 and
Code of Civil Procedure section
372, whether by way of
compromise, covenant not to sue, or stipulated judgment. Petitions
and orders shall, in addition to the applicable requirements of
California Rules of Court, rule 2.100, comply with Local
Rule 10.01. If a complaint has already been filed with the court, all petitions will be assigned to the appropriate department by the clerk of the court 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 and a petition to compromise the claim of a minor or incompetent person, (2) for unlimited civil cases, a petition to compromise the claim of a minor or incompetent person only. Complaints and petitions are filed with the Civil Unit at 720 Ninth Street, in room 102, at the Civil Filing Window, prior to assignment to the appropriate department. The following table shows the judicial assignments for petitions to compromise the claim of a minor or incompetent person as designated by the Presiding Judge:
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upon filing a verified petition, unless the order compromising the claim specifically provides that the funds may be withdrawn once a minor reaches 18 years of age.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, and may be purchased in a local packet of forms and instructions available for $2.10 at the William R. Ridgeway Family Relations Courthouse at 3341 Power Inn Road in room 214, or at the Downtown Courthouse at 720 Ninth Street, in room 102 at the Civil Cashier.
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