Follow these 3 steps to settle a minor's personal injury claim in California.

1. How to Settle
a Minor’s
Claim
in California
The Law Office of
Evan W. Walker
www.evanwalkerlaw.com

2. Disclaimer
-This is general information, not legal advice.
-Assumptions are made.
-This information is inexhaustive.

3. All personal injury settlements involving a minor in California are subject to Court
approval. (CA Probate Code sections 2504 and 3500; CA Code Civil Procedure
section 372; CA Rules of Court section 7.950).
Introduction

4. Step 1
The Paperwork
Complete Judicial Form MC-350. Check “Petition to Approve: Compromise of
Disputed Claim,” and “Minor.” It is a 10 page document requiring several
Attachments (e.g. medical records, fee agreement, attorney declaration).
Or complete MC-350EX, the expedited version of MC-350, if, inter alia, the
settlement is less than $50,000.

5. Step 2
The Filing
File MC-350 (or MC-350EX) in the same proceeding if suit was filed. The minor’s
parents should be allowed to petition the Court without a formal Guardian ad
Litem appointment (CA Probate Code section 3500).
If suit was not filed, file the form in the county where the minor resides (CA
Probate Code section 3500(b); CA Code Civil Procedure section 372).
File it with CIV-100, Application and Order for Guardian ad Litem. Unless you are
using a trust, then also file MC-355, Order to Deposit Money into Blocked Account.

6. Step 3
The Hearing
Unless you filed MC-350EX, the Court will set a hearing. Attend the hearing with
the minor (CA Rules of Court section 7.952). At the hearing the Court will decide
whether or not to grant the petition.
Follow the Court’s Order, which will be issued at the hearing.

7. Conclusion
I am a solo attorney who practices personal injury law and
insurance litigation in beautiful La Jolla, California. Feel free to
contact me with any questions.
Evan W. Walker, Esq.
The Law Office of Evan W. Walker
888 Prospect St., Ste. 200
La Jolla, CA 92037
(858) 324-6606
www.evanwalkerlaw.com