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. In Los
Angeles
County, ex parte petitions are heard Mon.-Fri. at 8:30 a.m.,
except on
court holidays. If there is no emergency, contact the clerk
in
Department 2 at (213) 974-5566 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) 974-5171 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. For questions, please call
Barbara
Rice,
Department 2 Research Attorney, at (213) 974-5805.
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
Silva,
Supervisor of the Family Law Filing Window. You can also ask
the
filing window to call Barbara Rice, Department 2 Research
Attorney, at
(213) 974-5805.
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.



