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SB-233 Protective proceedings: compromise of minor’s disputed claim.(2021-2022)

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Date Published: 03/01/2021 09:00 PM
SB233:v98#DOCUMENT

Amended  IN  Senate  March 01, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 233


Introduced by Senator Umberg

January 19, 2021


An act relating to courts. to add Section 3505 to the Probate Code, relating to protective proceedings.


LEGISLATIVE COUNSEL'S DIGEST


SB 233, as amended, Umberg. Impact of COVID-19. Protective proceedings: compromise of minor’s disputed claim.
Existing law authorizes a minor’s parent to compromise, or execute a covenant not to sue or not to enforce a judgment on, a claim on behalf of the minor if the minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate.
This bill would require the court to schedule a hearing on a petition to compromise a minor’s disputed claim within 30 days from the date of filing and, if the petition is unopposed, would require the court to enter a decision at the conclusion of the hearing.

The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts. Under existing law, the Governor proclaimed a state of emergency on March 4, 2020, related to the pandemic caused by the novel coronavirus disease 2019 (COVID-19).

This bill would state the intent of the Legislature to enact legislation to address challenges in the judiciary as a result of the pandemic caused by COVID-19.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 3505 is added to the Probate Code, to read:

3505.
 The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing. If the petition is unopposed, the court shall issue a decision on the petition at the conclusion of the hearing.

SECTION 1.

It is the intent of the Legislature to enact legislation to address challenges in the judiciary as a result of the pandemic caused by the novel coronavirus disease 2019 (COVID-19).