Fallos provisionales de tutela de menores

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

Guardianship Calendar 10-07-25 

1.     Guardianship of Lilyen R., 23PR00270

 

TENTATIVE RULING:  Appearances are required for a status update.

 

2.     Guardianship of  Frankie S., 25PR00813

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on November 18, 2025, in Department 5.  The purpose of the continuance is to provide Petitioner with additional time to cure the deficiencies described in the Probate Examiner’s Notes filed on September 16, 2025.  The Temporary Guardianship remains in effect until such time as the Court rules on the underlying request for general guardianship.

3.     Guardianship of Brayan P., 25PR00839

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on November 18, 2025, in Department 5.  The purpose of the continuance is to provide Petitioner with additional time to cure the deficiencies described in the Updated Probate Examiner’s Notes filed on September 29, 2025.  Additionally, it is critical that Petitioner reach out to the Court Investigator Yordanos Haile to discuss potential barriers to the establishment of the guardianship.  The Temporary Guardianship remains in effect until such time as the Court rules on the underlying request for general guardianship.

4.     Guardianship of Anneliesse A., 24PR00979

 

TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship of Minor (Estate) is GRANTED and the Court will sign a version of the proposed order submitted by Petitioner(s) with attachments.  Bond is fixed in the sum of $215,000.00 to be furnished by an authorized surety company or as otherwise provided by law.  Notice to Silvestre Villamil is dispensed with.

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 trial setting conference and the parties will be notified by the Court as to when they should next appear.

5.     Guardianship of Iker R.H., 25PR00863

 

TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a version of the proposed order submitted by Petitioner(s).  Notice to unknown paternal grandparents and Elsa Hernandez is dispensed with.

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 November 3, 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.

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.

 

 

 

6.     Guardianship of Isela A., 25PR00865

 

TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a 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.

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 November 3, 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 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.

7.     Guardianship of Iveth C., 25PR00883

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on November 18, 2025, in Department 5.  The purpose of the continuance is to provide additional time for the Petitioner to correct the deficiencies identified in the Probate Examiner’s Notes filed on September 16, 2025.  The proposed ward should be seen by a physician who can test for antibodies and report on which antibodies are present so as to confirm immunizations.  This has been done in other cases and has satisfied the requirement for an immunization record.  Also, the proposed ward’s school records are needed.  If a report from a doctor attesting to the presence of appropriate antibodies and school records are filed in advance of the hearing, appearances will be excused and the petitions will be granted by way of the tentative ruling (absent any objections).

 

 

8.     Guardianship of Emma B., 25PR00885

 

TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a 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.

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 November 3, 2026, in Department 5.  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.

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 trial setting conference and the parties will be notified by the Court as to when they should next appear.

9.     Guardianship of Amina B., 25PR00524

 

TENTATIVE RULING:  Appearances are required to determine whether a contest hearing is necessary in light of the report filed on August 29, 2025, by Sonoma County’s Human Services Department / Family Youth & Children’s Services.  If objections are withdrawn, the Court will grant the Petition for Guardianship.  If objections remain, then a contest may be necessary and trial dates will need to be discussed.  Trial, if necessary, will be at another time convenient to the Court and the parties.  All parties must also be prepared to give a good faith estimate as to the length of the evidentiary hearing.  Finally, they should also be prepared to identify a reasonable date for the exchange witness lists and documents (if any) which will be proffered at the evidentiary hearing.

 

                    

10.    Guardianship of Rohit, 25PR00725

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on November 4, 2025, in Department 5.  The purpose of the continuance is to provide additional time for the Petitioner to correct the deficiencies identified in the Probate Examiner’s Notes filed on September 16, 2025.  Immunization records were not provided, only lab testing results which do not bear on a history of immunizations.  If immunization records are not available, the proposed ward should be seen by a physician who can test for antibodies and report on which antibodies are present so as to confirm immunizations.  This has been done in other cases and has satisfied the requirement for an immunization record.  If a report from a doctor attesting to the presence of appropriate antibodies is filed in advance of the hearing, appearances will be excused and the petitions will be granted by way of the tentative ruling (absent any objections).  There is time to comply well in advance of the minor’s 21^st birthday.

 

11.  Guardianship of Brooke R., SPR09663

 

TENTATIVE RULING:   Appearances are not required.  The Court adopts the agreements and proposed orders reflected in the Tier 1 Medication Report dated September 5, 2025.  A new Order for Visitation in Guardianship (Local Form PR-017) will be signed, filed, and forwarded to the parties.

 

12.  Guardianship of Caleb P, Victor P., 25PR00762

 

TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a 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.

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 November 3, 2026, in Department 5.  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 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.

13.  Guardianship of Ronaldo C., 25PR00962

 

TENTATIVE RULING:  Appearances are not required. 

Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a 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.

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 November 3, 2026, in Department 5.  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 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.

14.  Guardianship of Manraj LNU, 25PR00826

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on November 4, 2025, in Department 5.  The purpose of the continuance is to provide additional time for Petitioner to cure the deficiency noted in the Probate Examiner’s notes filed on 10/3/2025.  Specifically, the required immunization records were not provided.  If immunization records are not available, the proposed ward should be seen by a physician who can test for antibodies and report on which antibodies are present so as to confirm immunizations.  This has been done in other cases and has satisfied the requirement for an immunization record.  The Court is mindful of the fact the proposed ward will turn 21 on November 28, 2025.  So, time is of the essence and if the deficiency is cured in advance of November 4, 2025, Petitioner should file an ex parte request for the Court to reconsider the matter ex parte without further appearances, and the Court will do so. 

 

 

End of Tentative Rulings

10-07-2025 – Guardianship CMC Calendar Tentative Rulings

NOTE: THE JUDICIAL ASSISTANT CANNOT EXPLAIN OR ANSWER ANY QUESTIONS REGARDING THE TENTATIVE RULINGS.

Advisements

1.    Court Call is not permitted for this calendar.

2.    The tentative rulings set forth below are those of a Court Commissioner appointed by the Presiding Judge to hear all matters on this Calendar.  (Cal. Code of Civil Procedure § 259.)  A Court Commissioner has the power to hear contested actions and proceedings and act as a temporary judge when otherwise qualified so to act and when appointed for that purpose, on stipulation of the parties litigant.  (Cal. Code of Civil Procedure § 259(d).)  In the absence of a stipulation of the parties, a Court Commissioner retains the power to hear and determine all uncontested actions and proceedings.  (CCP § 259(g).)

3.    Parties who do not object to the tentative ruling do not need to appear at the hearing unless the tentative ruling requires an appearance, or another party has requested a hearing.  Parties who do not appear will be deemed to have stipulated to the matters at issue being determined by the Commissioner.  If there is no appearance on a matter, the tentative ruling shall become the ruling of the Court on the day of the hearing.

4.    Any party who does not wish a contested action or proceeding to be determined by the Commissioner or who otherwise wishes to be heard in response to the tentative ruling or to a petition must do the following: 

Notify all other parties of an intent to appear for the purpose of responding to the tentative ruling or to request that the matter be heard by a regularly appointed or elected  judicial officer; and notify the Commissioner’s Judicial Assistant (707) 521-6547 or, if prompted, leave a brief message which includes the case name and number and identifies the party requesting oral argument or a continuance so the matter may be heard by a regularly appointed or elected judicial officer.

5.     Notifications to the court, all attorneys, and all unrepresented parties must be completed no later than 4:00 p.m. on the day immediately preceding the day of the hearing.  Failure to provide the required notifications will be deemed an agreement to the adoption of the tentative ruling by the Commissioner. In the absence of the required notifications, oral argument will not be permitted.

To Join Department 5 “Zoom” Online

• Use the Zoom video conferencing software application or, alternatively, a web browser of your choice to navigate to the following URL/web address on the World Wide Web: https://zoom.us/join 

When prompted, enter the following information: 

• Meeting ID: 161 844 9166
• Password: 309650

To Join Department 5 “Zoom” By Phone:

• Call 1-669-254-5252 (San Jose) and enter same meeting ID and password as listed above.

Guide for Participating in Court Proceedings via Zoom for Dept 5:

• After joining the meeting and checking in with the clerk, please mute your audio when not speaking. This helps keep background noise to a minimum.
• Be mindful of background noise when your microphone is not muted.  Avoid activities that could create additional noise, such as shuffling papers.
• Position your camera properly if you choose to use a web camera. Be sure it is in a stable position and focused at eye level, if possible.  Make sure everything visible in the frame is appropriate for an appearance in court.
• If a confidential session becomes necessary it is incumbent on you to ensure you are able to participate from a private location so that unauthorized people cannot overhear or see the proceedings.
• Chat is enabled for the sharing of documents among participants and the court and to allow attorneys to communicate individually with each other or their clients only. No chat messages should be sent privately to the court as it would amount to an unauthorized ex parte communication. Neither should chat messages be sent to all participants unless directed by the court.
• The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
• Be patient.  Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally.

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1.     Guardianship of Dahlia M., 24PR00189

 

TENTATIVE RULING:  No appearances are required.  This was calendared in error.  The Case Management Conference currently set for November 4, 2025, remains set.  At that time, the Court will review the Guardianship Status Report filed on September 25, 2025, and if everything appears in order appearances for that hearing will be waived and another annual CMC will be calendared.

 

 

2.     Guardianship of Jax S., 24PR00548

 

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 October 6, 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.

 

3.     Guardianship of Marvin S., 24PR00677

 

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 October 6, 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.

 

4.     Guardianship of Manraj L., 25PR00826

 

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 October 6, 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.

 

5.     Guardianship of Ethan D-C., SPR095078

 

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 October 6, 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.

 

6.     Guardianship of Khalifa O., SPR095870

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 October 6, 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.

 

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

 

TENTATIVE RULING:  Appearances are not required; however, this matter is continued to 9:00 a.m. on November 4, 2025, in Department 5.  This Court is in receipt of the Confidential Guardianship Status Report for Khaleesi only.  Guardian is directed to file a form GC-251 relative to Jillian at least one week (7 days) before November 4, 2025.  If a completed GC-251 regarding Jillian is timely filed, appearances will be waived and another annual CMC will be set for 2026.

 

8.     Guardianship of Camille Z., Juliette Z., SPR096532

 

TENTATIVE RULING:  No appearances required. The required documents have been received and reviewed. The matter is set for the next annual Case Management Conference at 9:00 a.m. on October 6, 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.

 

End of Tentative Rulings