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A petition for approval of compromise of claim of minor or adult person with a disability is filed when parties have agreed to settle a claim of a minor or adult person with a disability. The law doesnt allow a minor or person with a disability to settle their own claim without an adult guardian.
A petition to set aside an order approving compromise and release is, in effect, a petition to reopen. It requires a showing of good cause. It is not uncommon that one party alleges mutual mistake, while the other party asserts the mistake was unilateral. This is ultimately decided by the trier of fact.
A California court must approve all settlements done on behalf of a child under the age of 18. A parent or guardian ad litem can file an MC-350 form (or an MC-350EX form for expedited service) to petition the court to approve a compromise of a minors claim. There may be a filing fee.
Probate Code 3500 provides that when a minor has a disputed claim for damages, money or other property and does not have a guardian of the estate, the following persons have the right to compromise the claim: Either parent if the parents of the minor are not living separate and apart.
A compromise order contains the following: (1) All jurisdictional facts. (2) All allegations. (3) A statement that the person agrees to pay the civil penalty specified. (4) A statement that TSA makes no finding of a violation.
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An offer of compromise is a proposal made by one party to settle a dispute with another party in a peaceful manner. This offer is usually made by paying a certain amount of money to avoid or end a lawsuit or any other legal action.
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mc 350