__[Attorney name]__ __[Address]__ __[Telephone number]__ Attorney for Plaintiff, __[name]__ _ _ _ _ _ _ Court, County of _ _ _ _ _ _ __[_ _ _ _ _ _ District]__ _ _ _ _ _ _ _ _ _ _ _ _ _ ) No. _ _ _ _ _ _ Plaintiff) By __[name]__, ) PETITION UNDER CCP 372 FOR ORDER __[his/her]__ guardian ) AUTHORIZING COMPROMISE OF ad litem ) __[MINOR/INCOMPETENT]__'S LAIM; vs. )ORDER ) _ _ _ _ _ _ _ _ _ _ _ _ _ ) Defendant(s)) _________________________ ) __[Name]__ declares: 1. I am the regularly appointed guardian ad litem for plaintiff in this action, __[name]__, __[a minor/an incompetent person]__. 2. Plaintiff is a _ _-year-old __[male/female]__, born __[date]__. 3. Plaintiff has a claim for damages for __[e.g., personal injury from an automobile accident that occurred on __[date]__, at __[location]__]__. As a result of these events, plaintiff has sustained injury and damages as follows: __[Specify nature of injuries and damages]__. 4. Plaintiff received the following treatment for __[his/her]__ injuries: __[List names of doctors and hospitals; briefly describe treatment]__. I am informed and believe that plaintiff has completely recovered from these injuries and that there is no permanent injury __[except as follows: __[Specify]__]__. A copy of the most recent medical report obtained from plaintiff's attending physician is attached to this petition, marked Exhibit _ _ and incorporated by reference. 5. Defendant, __[name]__, has offered to pay $_ _ _ _ _ _ in consideration of a dismissal with prejudice and a full release in this matter. I recommend to the Court that this settlement is fair and reasonable and in plaintiff's best interests. I understand __[, and it has been explained to plaintiff,]__ that if the proposed settlement is approved plaintiff will be barred from seeking further compensation in the future __[even if __[his/her]__ injuries prove to be more serious than they are now thought to be]__. 6. The following costs and fees have been incurred in this matter and should be paid from the proceeds of the settlement: __[Itemize expenses paid or incurred and attorneys' fees]__. The balance of the settlement proceeds, $_ _ _ _ _ _, is to be __[state requested disposition, e.g., deposited in the Union Central Bank, Main Street Branch, in the name of petitioner as trustee for plaintiff, and is not to be withdrawn without first obtaining a court order]__. It is requested that no bond be required of petitioner when serving as trustee. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: _ _ _ _ _ _ [Signature] ___________________________ __[Typed name]__ Guardian ad Litem
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Legal Forms : Set Two