A Minor’s Compromise is when an adult signs on behalf of a child so the child can receive money. The law doesn’t allow the child to sign until s/he becomes an adult.
Click here for filing fees.
If you are getting public benefits, are a low-income person, or do not have enough income to pay for your household’s basic needs and your court fees, you may ask the court to waive all or part of your court fees. To ask for a fee waiver:
You may be ordered to go to court to answer questions about your ability to pay court fees and costs and to provide proof of eiligibility.
You will receive an Order on Court Fees Waiver (form FW-003) telling you if your request was granted (approved) or denied. The Order will explain how to proceed. Act quickly - you only have 10 days from the date the Order is mailed to you to comply with the order or exercise your options if your request was denied.
Even if your fees are waived at first, you may have to pay them back later:
The court can collect fees and costs due to the court. If waived fees and costs are ordered paid to the trial court, the court can start collection proceedings.
All petitions should be filed in the Probate Clerk’s office and will be heard in Department L73, at the Lamoureux Justice Center, 341 The City Drive, Orange, California.
All matters will be set 4 weeks or more from the date of filing and set on Friday at 9:00 a.m. in Dept. L73.
Forms - Current forms are available online at www.occourts.org
Click here for Minor’s Compromise packet
The Court may approve the petition as requested or make other orders as appropriate. Certain requests may be denied.
You may request the first continuance by email. Click here for more information
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.
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.
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 Probate 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.
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.
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.