California Court of Appeal

In a suit by a minor through his guardian ad litem to recover damages for personal injuries, which was settled by the defendants' insurance carrier but not approved by the court because the minor died before the court could rule on the petition for approval, the guardian ad litem's petition for writ of mandate to compel the superior court to grant a motion for approval of the settlement and for its enforcement is granted, as: 1) an agreement compromising the claims of a minor, while the petition for its approval is pending, is voidable only at the election of the minor or his or her guardian; and 2) a defendant or its carrier has no right to object to the petition.

Appellate Information

• Decided 01/25/2012
• Published 01/25/2012

Judges

• Yegan

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kevin Patrick McVerry