Minor's Compromise in California: Court Approval of a Child's Injury Settlement

Short answer: In California, a parent’s settlement of a child’s injury claim is generally valid only after the superior court approves it. The request is usually made on Judicial Council form MC-350 (or the expedited MC-350EX when every condition applies), the approval order is form MC-351, and form MC-355 orders money into a blocked account.

Attorney Advertising. This guide explains the California court approval process and primary sources, not a promise of any outcome. Prior results do not guarantee a similar outcome. This page is general information, not legal advice.

A minor’s compromise is the court process for approving a settlement of an injury claim that belongs to someone under 18. The court reviews whether the settlement is reasonable for the child, approves how attorney fees, costs, and medical bills are paid from it, and decides where the rest of the money is held until the child reaches adulthood. This page walks through that process with links to the statutes, rules, and court forms, as read on October 29, 2026.

When does a child’s settlement need court approval?

Under Probate Code section 3500, when a minor has a disputed claim for damages and no guardian of the estate, a parent may compromise the claim, but the compromise is valid only after the superior court approves it on a petition. The petition can be filed in the county where the child lives when it is filed, or in any county where a lawsuit on the claim could properly be brought.

If a lawsuit is already pending, Code of Civil Procedure section 372 applies. The child appears through a guardian or conservator of the estate or a guardian ad litem appointed by the court, and that person can compromise the case only with the approval of the court where the action is pending.

When a parent compromises the claim under section 3500, subdivision (d) of that section adds an important detail: if the court orders money deposited into an insured account or a single-premium deferred annuity, the release is not effective for any purpose until the money is deposited as the order directs.

Practical rule: a child’s settlement is not finished when the release is signed. It is finished when the court has approved it and the money has been paid or deposited the way the order says.

Some types of claims that can involve a child include car crashes, dog bites, playground or school injuries, and injuries around birth. The approval rules above apply based on the injured person’s age, not the type of incident.

Who signs for the child?

Section 372 also says that before a court appoints a guardian ad litem, the proposed guardian ad litem discloses to the court and all parties any known actual or potential conflicts of interest and any familial or affiliate relationship with any party.

Section 3500 does not give a parent the right to compromise a claim that is against that parent.

The petition and court forms

California Rules of Court rule 7.950 says the petition is verified by the petitioner and contains a full disclosure of all information that has any bearing on whether the compromise is reasonable. Except for the expedited path, it is submitted on Judicial Council form MC-350. If an attorney helped, rule 7.951 requires the petition to disclose the attorney’s details, whether the attorney became involved at the request of the other side or its insurer, any fees received or expected, and the terms of the fee agreement.

Each form page listed an effective date of January 1, 2021 when read on October 29, 2026. Use the court’s own form pages rather than copies posted elsewhere, since forms can be revised.

The expedited petition (MC-350EX)

Rule 7.950.5 allows the expedited petition only if all of these circumstances exist:

1. The petitioner is represented by an attorney authorized to practice in California courts.
2. The claim is not for the wrongful death of a person.
3. No part of the child’s net proceeds is to be placed in a trust.
4. There are no unresolved disputes about liens to be paid from the proceeds.
5. The attorney did not become involved at the direct or indirect request of the person the claim is against, or that person’s insurer.
6. The attorney is not employed by or associated with a defendant or insurer in connection with the petition.
7. If a lawsuit was filed, all defendants that have appeared are participating in the settlement, or the court has finally determined the settlement was made in good faith.
8. The total payable is $50,000 or less, or more only if it represents the individual-person policy limits of all liability policies of the contributing parties and those parties would be substantially unable to pay an adverse judgment from other assets.
9. The court does not order otherwise.

Under the same rule, the court generally decides an expedited petition within 35 days after filing, without a hearing, unless the petitioner asks for a hearing when filing, an interested party files an objection or other opposition, or the court schedules a hearing. If the court elects to hold a hearing, or decides not to grant the petition in full, it gives notice within 25 days after the petition is filed.

The hearing

Rule 7.952 says the person who filed the petition and the child attend the hearing unless the court, for good cause, excuses their personal appearance. The court may also require witnesses, including the attending or examining physician. How a court handles remote appearances, filings, and scheduling is a local matter, so the court’s own pages are the place to check.

Los Angeles County procedures

In the Los Angeles Superior Court, Local Rule 4.115 (as posted on lacourt.ca.gov and read October 29, 2026) says that if no civil action is pending, the settlement is approved by the probate court, and if a civil action is pending, it is approved in the court where that action is pending. The same chapter’s Local Rule 4.3 says that, except for the North District, probate matters are filed and heard in the Central District at the Stanley Mosk Courthouse. The court’s probate case cover sheet, LASC PRO 010, lists separate case types for an initial and an expedited petition to approve a minor’s compromise.

For blocked accounts, Local Rule 4.115 says a certified or file endorsed copy of the MC-355 order is delivered to the financial institution, the institution signs form MC-356 and it is promptly filed with the court, and attorney fees are not paid until a receipt reflecting the deposit is filed. Withdrawals from a blocked account approved by a prior probate court order are requested on form MC-357 in the Probate Division and may be presented ex parte. The local rule refers to some of these forms by older titles than the current Judicial Council form pages; the form numbers match. Department assignments change, so the court’s directory is the place to confirm where a matter is heard.

The process, step by step

1. Settlement terms are reached. The parent, guardian, or guardian ad litem and the other side agree on terms, subject to court approval.
2. The petition is prepared. A verified MC-350 (or MC-350EX if every rule 7.950.5 condition is met) discloses the injury, treatment, the settlement, liens, costs, the proposed attorney fee, and the proposed use of the money.
3. The petition is filed in the proper court: the court where the case is pending, or, with no case pending, a superior court in a county allowed by section 3500.
4. The court reviews it. On the regular path there is a hearing the petitioner and child generally attend; on the expedited path the court generally decides on the papers unless a hearing is set.
5. The court signs an order on form MC-351 approving the compromise, the fees and expenses, and the disposition of the balance, and on form MC-355 if a blocked account is ordered.
6. The money is paid and deposited as ordered, and the financial institution’s acknowledgment (MC-356) is filed with the court.
7. The funds stay protected until the child turns 18 or the court orders otherwise, and any earlier withdrawal goes through a petition such as MC-357.

Illustrative hypothetical (not a case result)

Suppose a nine-year-old passenger is hurt in a car crash, no lawsuit has been filed, and the driver’s insurer offers to settle. The child’s mother, who has custody, agrees to the terms only subject to court approval. Her attorney prepares a verified MC-350 describing the injuries, the medical bills and liens, the proposed attorney fee, and a request that the child’s share be deposited into a blocked account. The court reviews the petition, the mother and child attend the hearing, and the judge decides whether to approve the settlement, the fee, and the deposit. Any release the mother signs is not effective until the money is deposited as the court orders. This example is educational only and says nothing about what a court would decide in a real case.

Where does the money go?

Under Probate Code section 3611, when there is no guardianship of the estate, the court orders one or more options for the remaining balance, including:

• appointing a guardian of the estate and paying the balance to that guardian;
• depositing it in an insured account in a California financial institution, or a single-premium deferred annuity, subject to withdrawal only with the court’s authorization;
• after a hearing, paying it to a special needs trust under section 3604, which the court reviews and which first satisfies certain state and county liens;
• if the balance does not exceed $20,000, holding it on other conditions the court decides are in the child’s best interest;
• if the balance does not exceed $5,000, paying it to a parent without bond, on the conditions in section 3400 and following;
• transferring it to a custodian under the California Uniform Transfers to Minors Act;
• paying it to a trust the minor can revoke at 18; or
• depositing it with the county treasurer, if the county has authorized it and the other conditions in the statute are met.

Rule 7.953 says that when funds go into a financial institution and cannot be disbursed without another court order, the order is delivered to the institution and its receipt is promptly filed with the court. The order may also let the former minor withdraw the funds on reaching adulthood without another court order. Under section 3612, the court generally keeps jurisdiction over the money until the child turns 18, unless it orders otherwise.

Attorney fees, costs, medical bills, and liens

In a minor’s compromise, the court approves the fee. Probate Code section 3601 has the court order payment from the settlement of reasonable expenses, medical or otherwise (including reimbursement to a parent), costs, and attorney fees, as the court approves.

Rule 7.955 says that, unless the court approved the fee agreement in advance, it uses a reasonable fee standard. It considers the terms of the fee agreement and nonexclusive factors that include the fact that a child is involved, the time and labor required, the difficulty of the questions, the amount involved, whether the fee is fixed, hourly, or contingent, and, for contingent fees, the risk of loss and the costs advanced. The petition includes a declaration from the attorney addressing the factors that apply.

Medical providers, health plans, and public programs may claim repayment from a settlement. Our guide to medical liens in California personal injury cases explains how liens work in general. In a child’s case, the petition discloses them and the court’s order addresses how they are paid. For how settlement value is discussed in general terms, see how much a personal injury case is worth in California.

Deadlines for a child’s injury claim

These rules come from the sections linked below, as read on October 29, 2026. Each is a general rule. Exceptions and tolling rules can move these dates, and waiting for a report generally does not pause them.

For late government claims, Government Code section 911.6 says the public entity’s board grants the application in listed situations, including when the injured person was a minor during all of the six-month claim period, or during part of it if the application is presented within six months after turning 18 or a year after the claim accrues, whichever comes first. The board acts within 45 days unless that time is extended by written agreement, and silence is treated as a denial. Relief is not automatic, and the application itself still has to be presented within the one-year limit in section 911.4. Our government claim guide covers the claim process in detail, and our California personal injury statute of limitations guide covers the general lawsuit timeline.

How LA Law Group can help from Chatsworth

LA Law Group serves California personal injury clients from our Chatsworth office at 21540 Prairie St Unit A, Chatsworth, CA 91311. We do not have offices in other cities. For an injured child, our work can include reviewing the claim, preparing the court petition and disclosures, and walking a parent through the hearing and the deposit order. Learn more on our personal injury practice page.

No attorney fee unless we win your case. You are responsible for case costs regardless of the outcome.

The written fee agreement explains how fees and costs are handled before any work begins, and in a minor’s compromise the court reviews and approves the fee. Our article on how personal injury lawyers get paid explains the basics.

Your initial consultation is free.

Call (866) 625-2529, or reach us through our contact page. More about the firm: about us.

Sources checked (dated October 2026)

Opened on October 29, 2026 (America/Los_Angeles). California Legislative Information: Prob. Code §3500; §3601; §3604; §3611; §3612; CCP §335.1; §340.4; §340.5; §352; §372; Gov. Code §911.2; §911.4; §911.6. California Rules of Court: rule 7.950; 7.950.5; 7.951; 7.952; 7.953; 7.955. Judicial Council form pages: MC-350, MC-350EX, MC-351, MC-355, MC-356, MC-357. Los Angeles Superior Court: Local Rules, Chapter 4; LASC PRO 010 cover sheet.

Key takeaways

• A parent’s settlement of a child’s injury claim is generally valid only after the superior court approves it (Probate Code section 3500; Code of Civil Procedure section 372 if a case is pending).
• The usual petition is form MC-350; the expedited MC-350EX is available only when every rule 7.950.5 condition is met.
• The petitioner and child generally attend the hearing unless the court excuses them.
• The court approves attorney fees, costs, and medical expenses paid from the settlement, using a reasonable fee standard.
• The court decides where the rest of the money goes, often a blocked account that needs a court order for withdrawals.
• Being under 18 generally pauses the ordinary lawsuit clock, but not the six-month government claim period, and birth injury and medical negligence claims have their own rules.

Short checklist

1. Note the child’s date of birth and the date of the injury.
2. Identify whether any public entity may be involved, since government claim timing is shorter.
3. Gather medical records, bills, and any lien or reimbursement letters.
4. Treat any settlement offer for a child as subject to court approval.
5. Review the MC-350 and MC-350EX form pages and the conditions in rule 7.950.5.
6. Check the local court’s pages for filing location and hearing practice.
7. Re-open the primary sources on the day you rely on them.

This article is for general information only. It is not legal advice and does not create an attorney-client relationship. Reading it does not make LA Law Group your lawyers. Results depend on the facts and California law. Prior results do not guarantee a similar outcome. Attorney Advertising.

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