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Scruton v. Korean Air Lines Co.11/8/1995
ALDRICH, J.
INTRODUCTION
Plaintiff Terry Van Ryn, as guardian ad litem of two minor children, has appealed from the trial court rulings granting the motion of defendant Korean Air Lines Co., Ltd. (KAL) to enforce a compromise of the minors'
claims against KAL and approving the settlement. In 1983, Rebecca Scruton, the sole parent of the minors, was a passenger on KAL flight 007 and died when the plane was shot down by Soviet fighter jets. As the minors' guardian ad litem and administrator of the decedent's estate, Van Ryn brought this action for wrongful death and personal injury against KAL and others. The parties agreed to settle the minors' claims for a total of $500,000. Pursuant to Code of Civil Procedure section 372, Van Ryn filed petitions for approval of the compromise. However, before the hearing on her petitions, new information was revealed which Van Ryn felt affected the settlement. Van Ryn withdrew the petitions, causing KAL to file a motion to enforce the settlement agreement. The trial court granted KAL's motion and approved the compromise.
In her appeal, Van Ryn contends under the California statutory scheme for settlements of minors' claims, the guardian ad litem may repudiate compromises at any time before trial court approval. Van Ryn also contends, once she repudiated the tentative settlement, neither the trial court nor KAL had the power to enforce it. We hold, pursuant to section 372, a guardian ad litem may repudiate a tentative compromise of a minor's claim before trial court endorsement. Once repudiated, the trial court may only unilaterally enforce the compromise after finding the guardian acted contrary to the minor's best interests. Because the trial court failed to make such a finding, the judgment with respect to settlement of the minors' claims is reversed.
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FACTUAL AND PROCEDURAL BACKGROUND
On September 1, 1983, KAL flight 007 was shot down over the Sea of Japan by a Soviet SU-15 interceptor aircraft. All 269 people on board were killed, including Rebecca Scruton. The flight was bound for Seoul, South Korea, from New York with a stopover in Anchorage, Alaska. At the time of the crash, the flight was more than 300 nautical miles off course and illegally in Soviet airspace.
On July 23, 1984, Van Ryn filed the instant personal injury and wrongful death action against KAL and Litton Systems, Inc., doing so in her capacity as administrator of the estate of Rebecca Scruton and guardian ad litem of the minor children of the deceased, Todd B. and Alicia Mae Scruton (at the time, ages 6 and 2, respectively). Meanwhile, the many actions filed against KAL around the country were consolidated and tried in the federal District Court for the District of Columbia. ( In re Korean Air Lines Disaster of September 1, 1983 (S.D.N.Y 1992) 807 F.Supp. 1073, 1079.) On May 3, 1985, at the behest of KAL, this action was stayed pending termination of the consolidated federal actions.
At trial in the federal consolidated actions, the plaintiffs proceeded on the theory the crew of flight 007 was aware, either before leaving Anchorage or shortly thereafter, a programming error existed in the plane's inertial navigation system. Rather than to turn back and face discipline, the crew decided to cover up the problem by fabricating the plane's location reports to the air traffic controllers. The jury found KAL guilty of willful misconduct and awarded damages to the 137 plaintiffs. (In re Korean Air Lines Disaster of September 1983, supra, 932 F.2d at pp. 1476-1477, 1481 [hereinafter In re KAL ].)
In May 1991, the District of C
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