Franklin et al v. Allstate Corporation et al

Filing 157

ORDER vacating 154 Order Approving Minors' Compromise; Resetting Hearing. The hearing on the Second Amended Petition for Approval of Minors' Compromise is reset for February 8, 2008 at 9:00 a.m. Signed by Judge Maxine M. Chesney on February 5, 2008. (mmclc2, COURT STAFF) (Filed on 2/5/2008)

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Franklin et al v. Allstate Corporation et al Doc. 157 1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Upon reviewing the Order Approving Minors' Compromise Incident to Settlement of Action Against Allstate Defendants, filed February 4, 2008, the Court has noted a typographical error in the language submitted by petitioner, specifically, petitioner's reference to the "California Uniform Trust Minors Act (CA UTMA)," as found on page 2, which the Court understands to be a reference to the "California Uniform Transfers to Minors Act (CA UTMA)." Further, absent a hearing to determine the advisability of doing so, the Court is not inclined to adopt petitioner's proposal under the statutory provisions on which petitioner appears to be relying, which provisions afford petitioner considerable discretion as to the manner of expending the minors' settlement funds. See Cal. Prob. Code 3914(a) (providing "[a] custodian may deliver or pay to the minor or expend for the minor's benefit United States District Court LaRELL FRANKLIN, et al., Plaintiffs, v. ALLSTATE CORPORATION et al., Defendant / No. C-06-1909 MMC ORDER VACATING ORDER APPROVING MINORS' COMPROMISE INCIDENT TO SETTLEMENT OF ACTION AGAINST ALLSTATE DEFENDANTS; RESETTING HEARING IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order . . ."); see also Cal. Prob. Code 3602(c) (setting forth alternatives for disposition of minor's settlement funds). Accordingly, the Court hereby VACATES the Order Approving Minors' Compromise filed February 4, 2008, and hereby RESETS the hearing on the Second Amended Petition for Approval of Minors' Compromise, for February 8, 2008 at 9:00 a.m. Petitioner should be personally present for such hearing. If petitioner is unavailable on such date, counsel for petitioner may propose an alternate date for the hearing on the matter. In advance of the hearing, petitioner may also submit a declaration addressing the above-referenced concerns. IT IS SO ORDERED. Dated: February 5, 2008 MAXINE M. CHESNEY United States District Judge 2

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