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Expedited Petition To Approve Compromise Of Disputed Claim Or Pending Action MC-350EX - California
| Expedited Petition To Approve Compromise Of Disputed Claim Or Pending Action Form. This is a California form and can be used in Miscellaneous Judicial Council . |
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MC-350EX ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CASE NAME: CASE NUMBER: EXPEDITED PETITION TO APPROVE: COMPROMISE OF DISPUTED CLAIM COMPROMISE OF PENDING ACTION DISPOSITION OF PROCEEDS OF JUDGMENT Minor Person With a Disability No hearing date is requested. HEARING DATE: DEPT.: TIME: NOTICE TO PETITIONERS You must use this form if you wish to request expedited court approval of certain (1) compromises of disputed claims of a minor, (2) compromises of pending actions or proceedings in which a minor or a person with a disability (including a conservatee) is a party, or (3) dispositions of the proceeds of judgments for a minor or person with a disability. (See Code Civ. Proc., § 372; Prob. Code, § 3500 et seq.) You may use this form if (1) you are represented by an attorney; (2) the statements in items 3a, 3b, 3c, 3d, 3e, 3f, and either 3g(1) or 3g(2) below are true; and (3) the court does not otherwise order. If you qualify and choose to use this form, the court may consider and act on your petition without a hearing. If your compromise or judgment does not qualify for expedited treatment or you choose not to use this form, you must use the Petition to Approve Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability (form MC-350), and the court will schedule a hearing. See Cal. Rules of Court, rules 7.950, 7.950.5, and 7.951. 1. Petitioner (name): 2. Claimant (name): a. Address: Minor f. Person with a disability e. b. Date of birth: c. Age: d. Sex: 3. Expedited petition a. The claimant's claim or action is not for damages for the death of a person caused by the wrongful act or neglect of another. b. No portion of the net proceeds of the judgment or settlement in favor of the claimant is to be placed in a trust. c. There are no unresolved disputes concerning liens to be satisfied from the proceeds of the judgment or settlement. d. Petitioner's attorney did not become involved with this matter, directly or indirectly, at the request of a party against whom the claim is asserted or a party's insurance carrier. e. Petitioner's attorney is not representing, employed by, or associated with a defendant in this matter or an insurance carrier. f. All defendants that have appeared in a pending action on the claim are participating in the proposed compromise or the court has finally determined that all settling parties entered into the settlement in good faith. The judgment for the claimant described in item 5c (exclusive of interest and costs) or the total of the settlement g. (1) described in items 12 and 13 payable to the claimant and all other persons named in item 13 is in the amount of $50,000 or less; or The settlement described in item 12 represents payment of the single-person policy limits of all liability insurance (2) policies covering the defendants named in that item. The investigation described in Attachment 3 shows that all of those defendants are judgment proof outside of their insurance coverage. (Describe investigation and results in Page 1 of 8 Attachment 3.) Form Adopted for Alternative Mandatory Use Judicial Council of California MC-350EX [New January 1, 2010] EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) Code of Civil Procedure § 372 et seq.; Probate Code, § 3500 et seq.; Cal. Rules of Court, rules 3.1384, 7.101, 7.950, 7.950.5, 7.951 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com MC-350EX CASE NAME: CASE NUMBER: 4. Relationship Petitioner's relationship to the claimant (check all applicable boxes): a. b. c. d. e. f. g. Other relationship (specify): Parent Guardian ad litem Guardian Conservator Disabled adult claimant is a petitioner. (See instructions for items 4e and 4f below.) Disabled adult claimant's express consent to the relief requested in this petition is provided on Attachment 4f. (If you checked item 4e or 4f, state facts on Attachment 4e or 4f showing that the claimant has capacity under Probate Code section 812 to petition or consent to a petition. Only an adult claimant who has sufficient capacity and who does not have a conservator of the estate may petition or consent to a petition. See Probate Code section 3613.) Is not the subject of a pending action or proceeding. (Complete items 623.) Is the subject of a pending action or proceeding that will be compromised without a trial on the merits of the claim. Name of court: Case no.: Trial date: (Complete items 623.) is the subject of a pending action or proceeding that has been or will be reduced to a judgment for the claimant against the defendants named below in the total amount (exclusive of interest and costs) of (specify): $ Defendants (names): 5. Nature of claim The claim of the minor or adult person with a disability: a. b. c. Additional defendants listed on Attachment 5. 6. The judgment was filed on (date): (Attach a copy of the (proposed) judgment as Attachment 5c and complete items 1423.) Incident or accident The incident or accident occurred as follows: a. Date Time: : b. Place: c. Persons involved (names): 7. Continued on Attachment 6. Nature of incident or accident The facts, events, and circumstances of the incident or accident are (describe): Continued on Attachment 7. MC-350EX [New January 1, 2010] EXPEDITED PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY (Miscellaneous) Page 2 of 8 MC-350EX CASE NAME: CASE NUMBER: 8. Injuries The following injuries were sustained by the claimant as a result of the incident or accident (describe): Continued on Attachment 8. 9. Treatment The claimant received the following care and treatment for the injuries described in item 8 (describe): 10. Continued on Attachment 9. Extent of injuries and recovery (An original or a photocopy of all doctors' reports containing a diagnosis of and prognosis for the claimant's injuries, and a report of the claimant's present condition, must be attached to this petition as Attachment 10. A new report is not necessary so long as a previous report accurately describes the claimant's current condition.) a. The
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