J. et al v. County of Alameda et al

Filing 68

ORDER DENYING PETITION FOR WITHDRAWAL OF FUNDS FROM BLOCKED ACCOUNT AS UNNECESSARY 67 . Signed by Judge Yvonne Gonzalez Rogers on 8/4/14. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/4/2014)

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NOT FOR CITATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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RONALD J.; NORA J. AND NOAH J.; minors
by and through their Guardians ad Litem,
Plaintiffs,

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Case No.: 11-CV-4123 YGR
ORDER DENYING PETITION FOR
WITHDRAWAL OF FUNDS FROM BLOCKED
ACCOUNT AS UNNECESSARY

v.
COUNTY OF ALAMEDA, et al.,
Defendants.

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The Court has received a Petition for Withdrawal of Funds from Blocked Account dated

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July 25, 2014 and filed under seal on July 31, 2014. (Dkt. No. 67 ("Petition").) The Petition is

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signed by the parents of plaintiff Ronald J. ("Ronald") and requests release of all funds remaining

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in the $5,000 blocked account established on Ronald's behalf as part of a minor's compromise

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approved by the Court on November 1, 2013 (Dkt. No. 56 ("November 1 Order"). The record

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before the Court reflects that, since November 1, 2013, Ronald has turned 18. The Petition asks

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that the remaining funds in Ronald's blocked account be released to Ronald directly. (Petition at 2.)

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The funds total about $1,900, exclusive of any interest earned.

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The Court appreciates the parents' and Ronald's obvious intention to comply with the

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process established for withdrawing funds from the blocked accounts. That said, court approval of

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withdrawals is not required once any of the minor plaintiffs, including Ronald, turns 18. The Court

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calls the parents' and Ronald's attention to the Court's November 1 Order. On page 2 of that order,

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in paragraph number 2, the Court ordered that the money in the blocked accounts could only be

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withdrawn by court order "until the minor attains the age of 18 years." This means that after "the

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minor"—that is, Ronald or, eventually, the twins—turns 18, no court order is required.

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As the Court stated in the November 1 Order: "When the minor attains the age of 18 years,

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the depository"—that is, the bank where Ronald's account is located—"without further order of this

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court, is authorized and directed to pay by check or draft directly to the former minor, upon proper

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demand, all moneys including interest deposited under this order." (Nov. 1 Order at 2, ¶ 2.) In

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other words: Because Ronald has turned 18, he may now withdraw the money from the bank

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United States District Court
Northern District of California

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himself without involving the Court. The money in his account is now "unblocked."
The Petition is therefore DENIED because it is unnecessary. As ordered by the Court on

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November 1, 2013, now that Ronald has turned 18, he has full access to the funds in the formerly

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blocked account.

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IT IS SO ORDERED.

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Date: August 4, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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