Hives v. County of Alameda

Background

Arion Guillory, guardian ad litem for minor Plaintiff M.C., petitioned to withdraw $15,573 from M.C.’s blocked account. The account was created after the court approved a minor’s compromise in 2016 and contained $75,728.72, with distributions allowed only by court order. The compromise also established a $300,000 structured annuity for M.C.

Guillory requested funds for bedroom furniture, a mattress and adjustable base, clothing, school uniforms, basketball-related expenses, and a car down payment. The court ordered a supplemental brief because the petition did not identify legal authority or explain the applicable standard. No party objected, and the court resolved the matter without a hearing.

Standard Applied

The court stated that district courts have a special duty under Federal Rule of Civil Procedure 17(c) to protect minors’ interests. Because the minor’s compromise did not specify when withdrawals could be made and the court found no controlling Ninth Circuit authority on the issue, it evaluated whether each proposed expense served M.C.’s current academic, health, or counseling needs, or another compelling need.

The court emphasized that blocked-account funds are for M.C.’s use and benefit. They are not available for services ordinarily provided by parents and cannot be used to support the family.

Rulings on the Requested Expenses

The court approved the request for a mattress and adjustable base in the requested amount of $1,498. It also approved $335 for school uniforms because M.C.’s school required a specific uniform for attendance.

The court approved the basketball-related expenses, including team fees, dues, gear, shoes, and camp. It found that these expenses could contribute to M.C.’s academic, physical, and mental-health needs and were not excessive.

The court approved the $6,000 car down payment. It found that a car could help M.C. attend school, basketball activities, and medical appointments and could improve safety and reduce tardiness.

The court denied the $2,500 request for new clothes because M.C. apparently wore school uniforms, the request was not tied to a current academic, health, or counseling need, and clothing was the type of expense parents ordinarily provide.

For the bedroom-set request, the court found a connection between M.C.’s health needs and a properly sized bed, mattress, and adjustable base. It approved that portion in the amount of $4,194.98. It denied the remainder of the request for bedroom furniture because Guillory did not explain how a nightstand and dresser related to M.C.’s health or another qualifying need and did not provide medical or other supporting documentation.

Disposition

The court granted in part and denied in part Guillory’s petition. It ordered Wells Fargo Bank to issue a $12,228 cashier’s check from the specified account, payable to Guillory for M.C.’s benefit. Guillory must file documentation for the items and services purchased with the authorized funds within 60 days of the order.