How to Complete and File Form MC-350: Minor’s Compromise Petition

To file California Form MC-350, download the current petition from the Judicial Council, complete every section with a full disclosure of the settlement and the Claimant’s condition, attach the required medical report and attorney fee declaration, resolve any government liens, and file the verified petition with the $435 fee in the court where the case is pending or, if no lawsuit exists, in the county where the minor or disabled person lives. The judge reviews the settlement at a hearing and, if it is fair, signs Form MC-351 with directions on how the funds must be held.

Where to Get the Form

A blank fillable PDF of Form MC-350 is available at no cost from the California Courts self-help portal and the Judicial Council forms library.¹ Before you start typing, decide whether your case qualifies for the expedited process on Form MC-350EX, which uses a different form and in most cases skips the hearing. The qualifying conditions are covered further down.

Who Signs as Petitioner

The person filing is the Petitioner. The minor or adult with a disability receiving the money is the Claimant. Item 1 asks you to check every box that describes your relationship to the Claimant. A parent, legal guardian, conservator, or court-appointed guardian ad litem may serve as Petitioner.²

If the Claimant already has a guardian or conservator of the estate, a different person can be appointed guardian ad litem only after notifying the existing guardian and explaining why that person is inadequate to represent the Claimant’s interests. Any proposed guardian ad litem must also disclose known conflicts of interest and any familial or business relationship with the parties.³

Completing the Petition Section by Section

California Rules of Court, Rule 7.950 requires the petition to contain a full disclosure of all information that has any bearing on the reasonableness of the settlement.⁴ The standard is deliberately broad. If a fact might affect whether the deal is fair, the judge expects to see it. The form is verified, meaning you sign under penalty of perjury that the facts are true.

Items 1–3 identify the Petitioner, the Claimant (name, age, address), and the relationship between them. Note here if the Claimant is using a pseudonym.
Items 4–5 describe the incident: where, when, how, and who caused the injury. Attach a longer narrative if the space runs out.
Items 6–8 list the Claimant’s injuries, the treatment received, and the current medical status. A doctor’s report with a diagnosis and prognosis is required as Attachment 8. State whether the Claimant has fully recovered or will need future care.²
Items 10–12 enter the gross settlement amount, break out how the money is split among multiple recipients if applicable, and specify whether the payment is a lump sum or structured. Installment payments require both the total amount and the present value.
Items 13–16 itemize attorney fees, litigation costs, medical expenses, and liens that will be paid from the gross amount. The judge wants to see exactly what the Claimant nets after every deduction.
Items 17–19 explain how the remaining money will be handled: deposited in a blocked account, placed in a special needs trust, used to buy an annuity, or some combination. Be specific about the bank name, account type, and trust terms, because this section drives the court’s final order.

The Attorney Fee Declaration

California does not cap attorney fees in these cases at a fixed percentage. The court applies a reasonable fee standard, weighing the facts and circumstances.⁵ Contingency agreements in these matters commonly fall in the 25 to 33 percent range in practice, but the judge is free to approve a lower amount regardless of the fee agreement.

Every petition asking the court to approve fees must include a declaration from the attorney addressing the factors the court considers, including the time and labor involved, the risk of the case, the result obtained, and any other relevant circumstances. Skipping this declaration or submitting a vague one is a reliable way to have fees reduced at the hearing.

Required Attachments

The petition alone is not enough. Assemble these before you go to file:

Attachment 8, a doctor’s report with the diagnosis, prognosis, and current condition. If the Claimant has seen multiple specialists, include a report from each.
Itemized medical bills from hospitals, therapists, and pharmacies showing the cost of treatment against what the settlement offers.
A copy of the proposed settlement agreement or release, showing payment terms, who is paying, and what claims are released.
The attorney fee declaration, whenever fees are being paid from the proceeds.

The form has no built-in procedure for sealing medical records. If privacy matters, a separate motion to seal under California Rules of Court, Rule 2.550 is required.

Resolve Government Liens Before You File

If the Claimant received Medi-Cal benefits related to the injury, the Department of Health Care Services holds a lien against the settlement. You must notify DHCS in writing within 30 days of filing the claim, including the injury date, the Claimant’s Medi-Cal benefits identification card number, and contact information for the defendant’s insurer and defense counsel. No settlement is final until Medi-Cal has had a reasonable opportunity to calculate its lien.⁶

Unresolved liens make approval unlikely and disqualify you from the expedited process described next.

The Expedited Option on Form MC-350EX

Under California Rules of Court, Rule 7.950.5, straightforward settlements can be approved on the papers alone using Form MC-350EX, with no hearing scheduled unless someone objects or the judge has concerns.⁷ To qualify, every one of the following must be true:

The Petitioner is represented by a California-licensed attorney.
The claim is not a wrongful death claim.
No portion of the net proceeds is going into a trust.
There are no unresolved liens.
The Petitioner’s attorney was not referred by the defendant or the defendant’s insurer.

li>All appearing defendants are participating in the settlement, or the court has determined the settlement was entered in good faith.

The settlement is $50,000 or less, or the amount equals the individual-person policy limits of all liability insurance covering defendants who have no meaningful assets beyond that coverage.⁸

Miss any condition and you file the standard MC-350 and go through the full hearing.

Where to File and What It Costs

If a lawsuit is already pending, file the petition in that same court. If no lawsuit exists, file in the county where the minor or disabled person lives or in any county where the claim could properly be brought. Most California courts accept the petition electronically or at the clerk’s window.

When no civil action is pending, the filing fee is $435 as of January 1, 2026.⁹ If a lawsuit is already on file, you may owe nothing additional or only the standard motion fee of roughly $60; check with the clerk in the county where the case is pending. If the fee is a barrier, file Form FW-001 to request a waiver. You qualify if you receive certain public benefits, earn below a specified income threshold, or cannot afford both basic needs and court fees.¹⁰

The Hearing and the Order

For standard MC-350 petitions, the court sets a hearing after the filing is accepted. Both the Petitioner and the Claimant are expected to attend unless the judge excuses one or both for good cause.¹¹ Judges use the hearing to observe the Claimant firsthand and to ask about the settlement, the injuries, and the proposed use of funds. Be ready to walk the judge through the math: gross settlement, minus fees, minus costs, minus medical bills and liens, equals the Claimant’s net recovery.

If the court finds the settlement fair, the judge signs Form MC-351, the Order Approving Compromise, which spells out how the money must be handled, in whose name, and under what restrictions.¹² If the judge is not satisfied, the petition can be denied outright or continued so you can supply more information or renegotiate.

How the Settlement Money Must Be Held

The court does not hand the funds over. Item 17 of the petition should already propose one of the following arrangements, matched to the Claimant’s situation.

Blocked Account for a Minor

The most common arrangement for minors is a blocked account, a federally insured savings account in the Petitioner’s name as representative, from which no money can be withdrawn without a separate court order.¹³ The court issues Form MC-355 alongside the approval order. The funds stay locked until the minor turns 18, when the trust becomes revocable by the former minor.¹⁴ Early withdrawals require a separate petition and a $60 filing fee.

Special Needs Trust for a Person With a Disability

When the Claimant receives public benefits like Medi-Cal or SSI, putting settlement money into a regular account can disqualify them. A special needs trust holds the funds without counting as an available resource. Under Probate Code Section 3604, the court can order this only after finding that the Claimant has a disability that substantially impairs their ability to provide for their own care, that the Claimant will have special needs the trust is designed to meet, and that the trust amount is reasonably necessary. The trust document itself must satisfy the requirements of Rule 7.903, including limits on modification, restrictions on trustee investments and compensation, and, for larger trusts, a trustee bond.¹⁵ All statutory liens must be paid before funds go into the trust.

Annuities and Structured Settlements

The court can also approve placing funds into a single-premium deferred annuity that pays out over time, either alone or alongside a blocked account. If the petition proposes installment payments, disclose both the total payout and the present value on the form.

After Approval: File Proof of Deposit

The judge’s signature is not the last step. Once the money is deposited in a blocked account, the bank signs Form MC-356, the Acknowledgment of Receipt of Order and Funds for Deposit in Blocked Account, confirming it received the order and the funds.¹⁶ That signed acknowledgment must be filed with the court within 15 days of the deposit.¹⁷ Courts track these, and some issue orders to show cause when the acknowledgment does not arrive. Follow through with the bank and return Form MC-356 to the clerk.

One Thing the Court Order Does Not Decide

Court approval covers the fairness of the settlement and the handling of the funds. It does not resolve the tax treatment of the recovery. Settlement proceeds received on account of a physical injury or physical sickness are generally excluded from federal income tax, but punitive damages and interest on the settlement are always taxable, and emotional distress damages not connected to a physical injury are taxable.¹⁸ For a minor, the parent or guardian managing the funds is responsible for reporting any taxable portion.

1
California Courts | Self Help Guide. Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With A Disability
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Judicial Council of California. California Form MC-350 – Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability
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California Legislative Information. California Code of Civil Procedure Section 372
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Judicial Branch of California. California Rules of Court Rule 7.950 – Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability
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Judicial Branch of California. California Rules of Court 2026 – Rule 7.955 Attorney’s Fees for Services to a Minor or a Person With a Disability
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Department of Health Care Services. The Personal Injury Lien Process
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Judicial Branch of California. Rule 7.950.5 Petition for Expedited Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability
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Judicial Council of California. MC-350EX Petition for Expedited Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability
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California Courts. Superior Court of California Statewide Civil Fee Schedule Effective January 1, 2026
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California Courts. Request to Waive Court Fees
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Judicial Branch of California. California Rules of Court Rule 7.952 – Attendance at Hearing on the Petition for Approval of Compromise of Claim
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California Courts | Self Help Guide. Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability
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Judicial Council of California. California Form MC-351 – Order Approving Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person With a Disability
14
California Legislative Information. California Probate Code Section 3611
15
Judicial Branch of California. Rule 7.903 Trusts Funded by Court Order
16
California Courts | Self Help Guide. Acknowledgment of Receipt of Order and Funds for Deposit in Blocked Account
17
Forms Workflow. Order to Deposit Money into Blocked Account (MC-355)
18
Internal Revenue Service. Settlement Income