Conservatorship of the Person and Estate of Dong
The court held that, notwithstanding that the settlement was approved pursuant to California Code of Civil Procedure § 372, the probate-code reimbursement provisions of §§ 3600 and 3601 govern such approvals, thereby oblig.
Date Filed: August 15, 2025
Case Name: Conservatorship of the Person and Estate of Dong
Case Number: A169579
Court: California Court of Appeal, First Appellate District, Division Three
The Court holds that, when a court approves a settlement under California Code of Civil Procedure § 372, the probate‑code reimbursement provisions of §§ 3600 and 3601 apply, so a guardian ad litem is entitled to have the trial court consider and award “reasonable expenses” incurred in the performance of his duties. Accordingly, the appellate court reverses the dismissal and remands for the trial court to determine and authorize Yen’s GAL fees and other allowable expenses, while leaving the rest of the compromise order intact. This decision clarifies that probate‑code reimbursement rules govern settlement approvals in conservatorship and guardianship matters, ensuring that GALs can recover legitimate costs even when the settlement is processed through a civil‑procedure petition.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.