Pearson v. Superior Court
202 Cal. App. 4th 1333
| Cal. Ct. App. | 2012Background
- Bryce Pearson, a minor, was injured riding an ATV operated by a friend; his guardian ad litem sued the friend’s family for damages.
- A settlement of the minor’s claims was reached on June 9, 2010, at a settlement conference with the defendants and their insurer.
- Because Bryce was a minor, court approval was required under CCP § 372.1; a petition for approval was filed.
- Bryce died roughly three weeks before the superior court ruled on the petition.
- The superior court denied the petition and the guardian ad litem sought a writ to compel approval and enforcement of the settlement.
- The court ultimately held that pending approval, the settlement is voidable only by the minor or guardian; the defendant cannot object to the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant may object to court approval of a minor’s settlement | Pearson (guardian) contends objections are improper | Real parties argue settlement not enforceable due to lack of court approval | Defendant has no right to object while approval petition is pending |
| Effect of the minor’s death on enforceability of the settlement | Settlement remains viable subject to minor’s elective voidability | Death extinguishes damages; no enforceable settlement | Settlement is voidable only by minor or guardian pending court approval; death does not automatically condemn it to nullity |
| Remedy and procedure when petition is pending | Guardian seeks enforcement if approved | None or objection based on timing | Court must vacate denial and grant motion to approve and enforce the settlement upon proper showing |
Key Cases Cited
- Williams v. Superior Court, 147 Cal.App.4th 36 (Cal. Ct. App. 2007) (protects minor’s best interests in settlement)
- Scruton v. Korean Air Lines Co., 39 Cal.App.4th 1596 (Cal. Ct. App. 1995) (guardian ad litem requires court endorsement; voidable without approval)
- Dacany v. Mendoza, 573 F.2d 1075 (9th Cir. 1978) (minor settlement voidable until court imprimatur; guardian role emphasized)
- Anderson v. Latimer, 166 Cal.App.3d 667 (Cal. Ct. App. 1985) (contracts with minors are voidable; court endorsement required)
- Dengler v. Crisman, 516 A.2d 1231 (Pa. Super. Ct. 1986) (pre-capproval settlements by minors are binding on insurers; court approval protects minor)