The court reviewed a motion record concerning the proposed resolution of a minor’s Family Law Act claim arising from injuries to his mother in a motor vehicle accident.
The record revealed that the adult plaintiffs had settled their claims for $600,000, while the minor’s claim was effectively treated as having no value and no payment had been made by the tortfeasor.
Funds had instead been placed into investment vehicles by the litigation guardian from his own settlement without court approval, and part of the funds were paid to counsel.
The court held that the minor’s claim could not be treated as settled in the absence of full disclosure, expert evidence, and proper court approval.
The matter was referred to the Office of the Children’s Lawyer to investigate and advise regarding the proposed arrangement.
