Minor's Compromised Claims

A minor’s compromised claim is a procedure to allow an adult to sign on behalf of a child, so the child may receive funds awarded in a legal action.  The law does not allow a child to sign legal documents on their own behalf until she or he becomes an adult.

How to File a Petition

All petitions should be filed in the Clerk’s office in the Civil Division located on the first floor of the Justice Center Courthouse. All matters will be set four weeks or more from the date of filing, and will be heard in Department 2 on the second floor of Justice Center Courthouse.

Forms - current forms are available on our Local Forms page, or from the California Courts website:

• MC-350 Petition to Approve Compromise of Claim

• MC-351 Order Approving Compromise of Claim

• MC-355 Order to Deposit Money into Blocked Account

• MC-356 Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account

The court may approve the petition as requested, or make other orders as appropriate. Certain requests may be denied.

Different Types of Minor’s Compromised Claims

No Action Pending

• Petitioner must be the parent, guardian, or guardian ad litem.

• Paperwork is filed only at the clerk's office of the civil division located on the second floor of the Historic Courthouse.

• Filing Fees.

• Siblings shall be permitted to file under the same case number.  However, there shall be a separate petition and order for each minor.

Action Pending

• Petitioner must be the guardian ad litem.

• Paperwork is filed only at the clerk's office of the civil division located on the second floor of the Historic Courthouse. 

• A copy of the first page of the following must be attached to the petition: the complaint, any amended complaint, any cross-complaint, and any dismissals (from the civil case).

• A copy of the entire document of the following must be attached to the petition: order appointing guardian ad litem, and any awards of arbitrator with no trial de novo having been requested (from the civil case).

• Upon filing the documents, you will be given a hearing date.

How to Request Attorney Fees

The petition to approve a compromise will not be approved without an Attachment 14a to the petition. Attachment 14a to the petition must include a declaration from the attorney setting forth all the facts and circumstances in order to determine reasonable fees.

Information Regarding Medical Report

The court will require the filing of a recent report by the examining or attending physician in lieu of an appearance by the physician. The medical report should be filed with the petition or at least 5 days before the hearing date.

After the Hearing

When the matter is approved, the order will be signed by the court and you will receive a conformed copy, if a copy is provided.

For blocked accounts, the original order for deposit will be signed and filed. The copies will be returned to counsel. The Receipt and Acknowledgment of Order (MC-356) is to be delivered to the banking institution to establish the blocked account and is to be completed by the institution and returned to the clerk’s office.

If your settlement included a structured settlement/annuity, the defendant must purchase the annuity. Counsel/party must then file a declaration under penalty of perjury stating they have reviewed the original annuity, attaching a copy of the annuity. Should the original be unavailable, the declaration should so state and the annuity company must then provide a declaration under penalty of perjury stating the copy is a true and correct copy of the original annuity.

How to Comply With the Court’s Orders

When the petition is approved, the court will set a hearing for an order to show cause re compliance. Counsel/parties are ordered to return on that date. The Receipt and Acknowledgment of Order (MC-356) and /or the declaration re annuity stated above are to be filed no later than four court days prior to the hearing date. If proper, the hearing date will be ordered off calendar. If they are not filed or are insufficient, one continuance may be requested at the hearing.

Information Regarding Funds in Blocked Accounts

The funds in the blocked accounts are the minor’s funds and shall not be withdrawn without a court order. Should a need for funds arise, the party must submit a Petition for Withdrawal of Funds from Blocked Account (MC-357), Order for Withdrawal of Funds from Blocked Account (MC-358), and appropriate documentation. The court will consider the request for funds and may approve or deny the request, or set the matter for hearing.

Under California law (Code of Civil Procedure § 527.6), a person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment.