Scruton

Introduction

Plaintiff Terry Van Ryn, as guardian ad litem of two minor children, has appealed from the trial court rulings granting the motion of defendant Korean Air Lines Co., Ltd. (KAL) to enforce a compromise of the minors’ claims against KAL and approving the settlement. In 1983, Rebecca Scruton, the sole parent of the minors, was a passenger on KAL flight 007 and died when the plane was shot down by Soviet fighter jets. As the minors’ guardian ad litem and administrator of the decedent’s estate, Van Ryn brought this action for wrongful death and personal injury against KAL and others. The parties agreed to settle the minors’ claims for a total of $500,000. Pursuant to Code of Civil Procedure section 372, Van Ryn filed petitions for approval of the compromise. However, before the hearing on her petitions, new information was revealed which Van Ryn felt affected the settlement. Van Ryn withdrew the petitions, causing KAL to file a motion to enforce the settlement agreement. The trial court granted KAL’s motion and approved the compromise.

In her appeal, Van Ryn contends under the California statutory scheme for settlements of minors’ claims, the guardian ad litem…