Mohn

Mohn v. Kohlruss

Good Law
196 Cal. App. 3d 595·1987 Cal. App. LEXIS 2353·242 Cal. Rptr. 110
Court of Appeal of CaliforniaNovember 24, 1987A038372California1,436 words

Opinion

Opinion

Sabraw, J.

Farmers Insurance Exchange (Farmers) appeals from an order approving the compromise of a minor’s claim. In view of the ambiguity of the proceedings below, in which Farmers fully participated, we cannot say that the trial court erred. Accordingly, we affirm.

Facts

Plaintiff is the minor child of William Mohn, with whom she resides. She filed the complaint in this action through a guardian ad litem, seeking damages for personal injuries suffered in an automobile accident. Shortly thereafter she petitioned for an order approving a compromise of the claim. The petition stated that an agreement had been reached with Farmers, the defendant driver’s insurer, by which Farmers would pay its policy limits of $100,000 less sums it had already paid “for the benefit of said minor.” It further stated that Farmers had already paid $25,000 to plaintiff’s father, but that the parties did not agree on the treatment of these payments: Farmers contended that the full amount “should be deducted from its offer of $100,000,” while plaintiff contended that the deduction should be limited to the $11,211.54 which had gone toward plaintiff’s medical expenses. The petition further stated that the…

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