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. You may check the box for "EX PARTE" for your
petition to be heard on the date of filing.
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
$40 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. The filing fee is $40,
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 $40, 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
you need the petition taken to dept. 2 as soon as possible for the court
to review the petition on an "ex parte" basis.
c. Take 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.