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Fallos provisionales de tutela de menores

Fallos provisionales de tutela de menores

Martes, 2 de mayo de 2023, a la 1:30 p. m.

 

  1. Tutela de menor de Kahden Austin-Lee Lormer, SPR89029
    FALLO PROVISIONAL:  Se requiere la comparecencia del solicitante.

 

  1. Tutela de menor de Sonja Cory Lincoln, Justin John Lincoln, Jr. y Derek Karis, SPR091013
    FALLO PROVISIONAL: Se requieren comparecencias.

 

  1. Tutela de menor de Roxane Leslie Medina Battles, SPR094014
    FALLO PROVISIONAL: Se requieren comparecencias.

 

  1. Tutela de menor de Scarlett Higuera, Cameron Higuera y Mila Higuera, SPR095718
    FALLO PROVISIONAL: Se requieren comparecencias.

 

  1. Tutela de menor de Riva Timalsina, SPR097414
    FALLO PROVISIONAL:  No se requieren comparecencias. Este asunto se pospone a la 1:30 p. m. del 6 de junio de 2023, en el Departamento 12. El propósito del aplazamiento es conceder al solicitante tiempo adicional para corregir las deficiencias señaladas en las notas testamentarias del examinador presentadas el 18 de abril de 2023.

 

  1. Tutela de menor de Alonso Abner Castillo Cardenas, SPR097537|
    FALLO PROVISIONAL:  No se requieren comparecencias. Este asunto se pospone a la 1:30 p. m. del 6 de junio de 2023, en el Departamento 12. El propósito del aplazamiento es conceder al solicitante tiempo adicional para corregir las deficiencias señaladas en las notas testamentarias del examinador presentadas el 18 de abril de 2023.

 

FIN DE LOS FALLOS PROVISIONALES

Guardianship Tentative Rulings

Guardianship Calendar 11-04-25 

1.     Guardianship of Diego E., 25PR00961

 TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a modified version of the proposed order submitted by Petitioner(s). 

Petitioner/Guardian is directed to file the Confidential Guardianship Status Report, GC-251, within one year and 30 days from the date of the order granting the Petition for Guardianship, and annually thereafter.  (Form GC-251 is available at the following URL:  https://www.courts.ca.gov/forms.htm)  To ensure compliance with the requirement of an annual GC-251, this matter is set for Case Management Conference at 9:00 a.m. on December 1, 2026, in Department 61.  If the Guardian has at that time filed the required GC-251, an appearance will be waived and a new hearing date shall be set for one year out for the filing of the annual Status Report.

Absent objection, the Request for Special Immigrant Juvenile Findings is GRANTED and the Court will sign a modified version of the proposed order submitted by Petitioner.

Further advisements which are not part of tentative ruling:  If any objections are filed at or before the time of hearing, the Court will not adopt the tentative ruling and will, instead, set the matter for a contested hearing and the parties will be notified by the Court as to when they should next appear.

2.     Guardianship of  Rahul, 25PR00966 

TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a modified version of the proposed order submitted by Petitioner(s).  The Court finds good cause to waive and does waive further investigation if any is required under Prob. Code § 1513.  The Court also waives irregularities noted by the Probate Examiner.

Petitioner/Guardian is directed to file the Confidential Guardianship Status Report, GC-251, within one year and 30 days from the date of the order granting the Petition for Guardianship, and annually thereafter.  (Form GC-251 is available at the following URL:  https://www.courts.ca.gov/forms.htm)  To ensure compliance with the requirement of an annual GC-251, this matter is set for Case Management Conference at 9:00 a.m. on December 1, 2026, in Department 61.  If the Guardian has at that time filed the required GC-251, an appearance will be waived and a new hearing date shall be set for one year out for the filing of the annual Status Report.

Absent objection, the Request for Special Immigrant Juvenile Findings is GRANTED and the Court will sign a modified version of the proposed order submitted by Petitioner.

Further advisements which are not part of tentative ruling:  If any objections are filed at or before the time of hearing, the Court will not adopt the tentative ruling and will, instead, set the matter for a contested hearing and the parties will be notified by the Court as to when they should next appear.

3.     Guardianship of Edreiy P., 25PR00968

 TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a modified version of the proposed order submitted by Petitioner(s).  The Court finds good cause to waive and does waive further investigation if any is required under Prob. Code § 1513.  The Court also waives irregularities noted by the Probate Examiner.

Petitioner/Guardian is directed to file the Confidential Guardianship Status Report, GC-251, within one year and 30 days from the date of the order granting the Petition for Guardianship, and annually thereafter.  (Form GC-251 is available at the following URL:  https://www.courts.ca.gov/forms.htm)  To ensure compliance with the requirement of an annual GC-251, this matter is set for Case Management Conference at 9:00 a.m. on December 1, 2026, in Department 61.  If the Guardian has at that time filed the required GC-251, an appearance will be waived and a new hearing date shall be set for one year out for the filing of the annual Status Report.

Absent objection, the Request for Special Immigrant Juvenile Findings is GRANTED and the Court will sign a modified version of the proposed order submitted by Petitioner.

Further advisements which are not part of tentative ruling:  If any objections are filed at or before the time of hearing, the Court will not adopt the tentative ruling and will, instead, set the matter for a contested hearing and the parties will be notified by the Court as to when they should next appear.

4.     Guardianship of Nevaeh P., Rey P., 25PR01007

 TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on November 18, 2025, in Department 5.  Although it appears all deficiencies have been resolved, a continuance is necessary to afford the Court Investigator time to complete a report and recommendation as required under Probate Code § 1513. 

5.     Guardianship of Elijah T., 25PR01001 

TENTATIVE RULING:  Appearances by ZOOM or in person are required because in light of the objections filed by Mackynzie Tamba, it appears an evidentiary hearing is required.  If the hearing will take less than twenty (20) minutes, it may occur at the time the case is called.  However, all parties must be prepared to give a good faith estimate as to the likely length of the evidentiary hearing.  If any party’s time estimate exceeds twenty minutes, the Court will specially set the matter for an evidentiary hearing at another time convenient to the Court and the parties.  All parties should also be prepared to identify a reasonable date for the exchange witness lists and documents (if any) which he/she/they intend to submit for the Court’s consideration at the evidentiary hearing.  Finally, all parties are hereby advised that strict compliance with local rules will be required.  They should take special review Local Rules 6.2.F. which requires, among other things, that parties meet and confer for purposes of making reasonable efforts to informally resolve any controversies and to file Statements of Issues or Settlement prior to an evidentiary hearing.

  

6.     Guardianship of Molly M., 25PR00439

 TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on January 6, 2026, in Department 5. The purpose of the continuance is to afford Petitioner(s) additional time to provide the Court with proof the guardianship in San Joaquin County has been terminated.

7.     Guardianship of Mitchelda H., 25PR00774 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on January 6, 2026, in Department 5.  The purpose of the continuance is to afford Petitioner(s) additional time to meet with the Court’s investigator and to file amended documents reflecting his/her current address and the address where the proposed ward resides or will reside.  The Court cannot and will not proceed absent a report from the Court Investigator.

  

8.     Guardianship of Zayden Y., 24PR01083 

TENTATIVE RULING:  The Petition is DENIED.  This Court is regrettably unable to grant the petition for “provisional transfer” order.  It does not have the authority to “transfer” a case to Indiana.  Transfers can be made among California counties – but not among different states.  California Probate Code § 2352(d)(1) provides that “[a]n order [allowing the guardian to fix the ward’s residence in at a place not within this state] shall require the guardian either to return the ward to this state, or to cause a guardianship proceeding or its equivalent to be commenced in the place of the new residence . . .”  Thus, the Petitioner must cause a guardianship proceeding to be commenced in Indiana. 

9.     Guardianship of Daniella S., SPR093789

 TENTATIVE RULING:  Appearances are not required.  This matter remains set for Account and Report at 9:30 a.m. on November 18, 2025, in Department 5.  Petitioner has until then to cure deficiencies previously noted, and to account and report as previously required.

                     

10.    Guardianship of Kody V.C., 25PR00599 

TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship of Minor’s Estate is GRANTED and the Court will sign a version of the proposed order submitted by Petitioner.  Probate Code § 2610 Inventory and Appraisal (Judicial Council Form GC-040) shall be filed with the court within 90 days of the appointment of a guardian of the estate, along with the notice of how to file an objection (Judicial Council Form GC-042).  To ensure compliance with PC § 2610, this matter is set for review hearing at 9:30 a.m. on March 3, 2026, in Department 5 or 61 (TBD). 

Additionally, this matter is set for hearing on Petitioner’s First Account and Report at 9:30 a.m. on January 19, 2027, in Department 61.

Further advisements which are not part of tentative ruling:  If any objections are filed at or before the time of hearing, the Court will not adopt the tentative ruling and will, instead, set the matter for a contested hearing and the parties will be notified by the Court as to when they should next appear.

11.  Guardianship of Michael Z., 25PR00801 

TENTATIVE RULING:  Appearances are not required.  Guardian has complied with previous order and this matter is dropped from the Court’s calendar.

 

12.  Guardianship of Amina B., 25PR00524 

TENTATIVE RULING:  Appearances are required for acceptance of appointment by Minor’s Counsel and status update.

 

13.  Guardianship of Lillyen R., 23PR00270 

TENTATIVE RULING:  Appearances are required for acceptance of appointment by Minor’s Counsel and status update. 

End of Tentative Rulings

Guardianship CMC Tentative Rulings

Guardianship CMC Tentative Rulings

1.     Guardianship of Dahlia M., 24PR00189 

TENTATIVE RULING:  No appearances required. The required document has been received and reviewed. The matter is set for the next annual Case Management Conference at 9:00 a.m. on December 1, 2026, in Department 5 or 61 (TBD) and review of compliance with the filing of the Confidential Guardianship Status Report (Judicial Council Form GC-251).  If a completed GC-251 has been filed in a timely fashion, appearances will be waived.

  

2.     Guardianship of Patrick M., Emma M., 25PR00189 

TENTATIVE RULING:  No appearances required.  Since proof of termination of the Nevada guardianship is filed, appearances are waived, and the Clerk of the Court is directed to issue Letters of Guardianship. Guardians are advised the matter remains set for Case Management Conference at 9:00 a.m. on June 2, 2026, for the filing of Judicial Council form GC-251.  As previously ordered, if the Guardians have at that time filed the required and completed GC-251.  An appearance will again be waived and a new hearing date shall be set for one year later for the filing of the annual Status Report.

 

3.     Guardianship of Jillian W., Khaleesi W., SPR095914

 TENTATIVE RULING:  No appearances are required.  The court inadvertently asked for a GC-251 for Khaleesi, who is 21 years old and no longer subject to the guardianship (which terminated by operation of law on his 18th birthday).  This matter is, therefore, set Case Management Conference at 9:00 a.m. on October 6, 2026, regarding Jilian (only).  If the Guardians have at that time filed the required and completed GC-251.  An appearance will be waived and a new hearing date shall be set for one year later for the filing of the annual Status Report.

 

 

End of Tentative Rulings

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