1. Are these instructions for you?: Use these instructions to request an early release of funds (before minor's 18th birthday) from a Coogan Account (blocked account holding 15% of a minor's earnings from entertainment and related services).
2. Forms you will need: You will need a Petition For Withdrawal Of Funds From Blocked Account (form MC-357) and declarations (forms MC-030 and FL-150). If you will be filing in a county other than Los Angeles, you will also need an Order for Withdrawal of Funds From Blocked Account (form MC-358).
3. Filling out the Petition:
a. Trustee or attorney information: Put name, address and phone number of the trustee or attorney. However, if the address is the same as the minor's residence, please put "confidential" instead of the address for the safety of the minor.
b. Court information: The address for the Superior Court for the County of Los Angeles is 111 N. Hill St. Los Angeles CA 90012, Central Branch.
c. For "CASE NAME", you may put: In Re The Blocked Account Of (name of minor).
d. If you have an emergency, check the box for "EX PARTE" and state the reason for the emergency. If there is no emergency, contact the clerk in Department 2 at (213) 633-0252 to schedule a hearing. If you are filing in another county, check with that court to determine how to obtain a hearing on your petition.
e. For "CASE NUMBER":
i. For accounts that were blocked pursuant to court order, please list the minor's court case number(s). If you do not have the case number(s), you may obtain one case number by calling the index clerk at (213) 830-0850 or visiting the Index Unit in Room 106. If you need to list more than one case number, you may submit a written request to the Index Unit in Room 106 or you may obtain the case numbers online for a fee at www.LASuperiorCourt.org (click on "Civil Party Index").
ii. For accounts that were established without a court order (the contract was never approved by the court), the filing window will issue you a case number.
f. You should indicate:
i. The county in which the minor resides and in which the trust is established.
ii. The amount of funds you are seeking from the blocked account.
iii. How the funds will be used and the reason(s) why a release of funds from the blocked account is necessary, i.e., why there is no other source of funds available.
g. You should attach the following (for the minor's safety, please black out the street address where the minor resides):
i. Copy of Certificate of Birth or document issued by a governmental entity which indicates the birth of the minor, e.g., passport, driver's license.
ii. Copy of financial statement where blocked funds are held.
iii. Copy of financial statement from any other account holding funds for the minor.
iv. Any documents which support the reason(s) why you are requesting a release of funds.
h. After you have filled out all of the information, make a copy of the forms and all attachments (you will need the copy for step 5 below).
4. Where to file:
a. If the blocked account was established pursuant to a court order, file the petition with the Superior Court where the order was entered.
b. If the blocked account was not established pursuant to a court order, file the petition with the Superior Court in any county in which the minor resides or in which the trust is established. (Family Code 6752(d)(5).) If you will be filing in a county other than Los Angeles, the Petition For Withdrawal Of Funds From Blocked Account (form MC-357) is generally used for probate matters when a case number has already been assigned. As a result, you may encounter problems attempting to file this form. If you show these instructions to the filing window, the Court may be inclined to follow the same procedure followed in Los Angeles County. The Superior Court of Los Angeles County charges $60 to file this form whether a previous case number exists or a new case number needs to be issued.
5. For filing in Los Angeles County:
a. File the Petition at the Family Law Filing Window in Room 426 on the forth floor of the Los Angeles County Superior Court, located at 111 N. Hill St. Los Angeles CA 90012.
i. Unless you are eligible for a fee waiver, the filing fee is $60, which can be paid by cash, check, or money order made payable to Los Angeles County Superior Court.
ii. If you need a case number issued, you will need to submit form FAM 020 (Family Law Case Cover Sheet). Check the box for "Other Family Complaint or Petition" and do not disclose the street address of the minor.
iii. If the clerk at the Family Law Filing Window says that you are in the wrong place, that you need a case number, or that the filing fee is more than $60, ask for the Supervisor of the Family Law Filing Window. You can also ask the filing window to call Dept. 2.
iv. Tell the filing clerk that you need the petition taken to Dept. 2 for hearing.
c. At the time of your hearing (see 3.d. above), bring your copy of the petition and all attachments to Department 2, room 215, on the second floor of the court. If the court grants your petition, you will be provided with a conformed copy of the Order Releasing Funds Held For Minor In Blocked Account(s). If your financial institution requires a certified copy of the Order, please provide a check or money order in the amount of $26 made payable to Los Angeles County Superior Court.