Walters

Walters v. Superior Court

Good Law
129 Cal. App. 19·1933 Cal. App. LEXIS 1018·18 P.2d 343
Court of Appeal of CaliforniaJanuary 19, 1933Docket No. 8680.California767 words

Opinion

Lead Opinion

Craig, J.

The petitioner, as guardian ad litem of a minor child who had been injured by an automobile of one Jerome Barak, effected a compromise of an action for damages which she had filed on its behalf and which arose from said occurrence. The superior court “authorized” such compromise upon the basis of a specified amount of money and the execution of a full and complete release from liability. The court below “further ordered, adjudged and decreed” that certain sums of money be paid therefrom to defray the charges of the hospital and physicians, and that the remainder he used for the maintenance and support of said minor. Thereafter the guardian was ordered to appear before the court and show cause, if any she had, why an order should not be made directing that she draw checks in payment of said expenses forthwith or that the clerk of the court draw the same. Upon a hearing pursuant to the latter order its validity was attacked by the petitioner herein, and it was upheld; and she was subsequently cited to show cause, if any she might have, why she should not be adjudged in contempt of court, why an order should not be made demanding her to have the moneys of said minor “returned to the…

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