Legal Question in Civil Litigation in California

An enforeceable settlement of a minor's claim can only be made with court approval. Normally, this is done as part of the lawsuit brought by the minor. If there is already a lawsuit, you file it where the existing case is pending. (Code Civ. Proc., sect. 372, subd. (a).)

There are mandatory forms to file a Petition to Approve Compromise of Claim. The venue for filing that petition is as follows:

1) In the county where the minor resides when the petition is filed. (Prob. Code, sect. 3500 subd. (b)(1).) OR

2) In any county where suit on the claim properly could be brought. (Prob. Code, sect. 3500 subd. (b)(2).)

I hope you are not planning on filing this as a do it yourself. Minor's compromises involve many intricate areas of the law. More importantly, a minor has to appear as a party either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court. (Code Civ. Proc., sect. 372, subd. (a).) A guardian ad litem who is not an attorney must appear through counsel. (J.W. v. Superior Court (1993) 17 Cal.App.4th 958, 968.)

That means a parent can be appointed the guardian ad litem for the minor, but cannot appear in the case unless that parent is also a licensed attorney.