| 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 no to sue, or stipulated judgment. Petitions and orders
shall, in addition to the applicable requirements of California
Rules of Court, rule 241, comply with Local
Rule 12.00 et seq.
If a complaint has already been filed
with the court, all petitions and orders for the compromise
of minor or incompetent person claims shall be submitted directly
to the Clerks Office, with no filling fee due. If a complaint
has not already been filed, parties must submit appropriate
filing fees along with:
- for limited civil cases, a complaint and a petition to compromise
the claim of a minor or incompetent person
- for unlimited civil cases, a petition to compromise the claim
of a minor or incompetent person only.
Complaints and petitions are filed with the Clerks Office.
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the funds may be withdrawn once a minor reaches 18 years of age.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 verified petition shall include requirements pursuant to Local
Rule section 12.01, or a local packet of forms. |
