Pearson

Bryce Pearson, a minor, was injured while riding on an all-terrain vehicle operated by a friend. Through his father and guardian ad litem Spencer Pearson (guardian ad litem), the minor sued the friend’s family to recover damages for personal injuries. On June 9, 2010, the parties and defendants’ insurance carrier entered a settlement of the minor’s claims on the record at a settlement conference. Because Bryce was a minor, the settlement required court approval pursuant to Code of Civil Procedure section 372. 1 A petition for approval of the minor’s claim was filed. Tragically, Bryce died about three weeks before the superior court ruled on the petition.

Defendants filed opposition to the petition on the ground that the settlement agreement was not enforceable because it had not been approved by the court before the minor’s death, which extinguished damages attributable to pain and suffering. Guardian ad litem moved to enforce the settlement agreement, contending that section 372 allows only the minor to repudiate a settlement agreement before it is approved by the court. In its statement of decision, the superior court denied the petition and the motion to enforce the…