SAN DIEGO -- The day before David Westerfield was sentenced to death, Damon and Brenda van Dam sued the convicted child killer, alleging infliction of emotional distress, 10News reported.

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The suit, filed in San Diego Superior Court by attorney Spencer S. Busby, also alleged negligence and asked for unspecified damages, attorney's fees and interest on all sums awarded.

Westerfield is on death row in San Quentin Prison. He has no money -- every nickel he had went to his defense -- but he held several insurance policies. Those companies are set to sign a check Wednesday morning at the Hall of Justice, 10News reported.

A judge is expected to approve the settlement Wednesday.

The settlement will go toward covering the expenses of the van Dams during the lenghthy trial and the future educational needs of Danielle's brothers, Derek and Dylan.

"We want and we have applied for a structured settlement for the two sons to receive money for their education in the future -- in honor of Danielle," Busby said.

The van Dams and their two sons will attend the hearing.

"I can't speak to any specifics of a settlement as to the amounts. It's confidential agreement," Bugsy said.