Fallos provisionales de tutela de menores

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

3-03-26 Tentative rulings    

 

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

 TENTATIVE RULING: 

No appearances required.  The court is in receipt of the partial Inventory and Appraisal (Form GC-040) as well as the declaration of the court appointed Guardian of the Estate.  The Guardian is ordered to file a completed GC-040 no later than 90 days after completion and distribution of the estate.  The Guardian is ordered to file the Notice of How to File Objection (Form GC-042) as previously ordered.  The Guardian is directed to file the Confidential Guardianship Status Report, GC-251 simultaneously with the Petitioner’s First Account and Report, and annually thereafter.  (Form GC-251 is available at the following URL:  https://www.courts.ca.gov/forms.htm)  To ensure compliance, this matter is set for review hearing at 9:30 on June 2, 2026, in Department 5.  If a completed GC-040 is filed prior to the hearing date, or if the Guardian again files a partial Inventory and Appraisal and declaration of the court appointed Guardian of the Estate explaining the estate remains in probate, and a completed GC-042 is filed prior to the hearing date, no appearances will be required. 

The previously set date of January 19, 2027, for hearing on Petitioner’s First Account and Report remains as set.  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.

2.     Guardianship of  Camilla S.,  23PR00055

 TENTATIVE RULING: 

No appearances required.  The court acknowledges the Declaration of Counsel filed February 24, 2026.  The matter is continued to April 7, 2026, at 9:30 in Department 5 for further update on visitation.  At that time the court will address compliance with its order regarding contact between the minor and her father as necessary.

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 Leo D., 23PR00392

 TENTATIVE RULING: 

No appearances required.  The court acknowledges the Report of Court Appointed Minor’s Counsel filed February 24, 2026.  All prior existing orders remain in full force and effect and the parties are to continue complying with the terms of the agreed upon October 28, 2025, stipulation.  The matter is continued 60 days to May 5, 2026, at 9:30 a.m. in Department 5 for further review.  Counsel for the Minor is ordered to submit a supplemental declaration and detailed billing statement of hours spent in excess of the original 20 hours authorized.  Upon receipt of the accounting, the Court will consider payment for any and all additional time spent.  Counsel is advised that the time spent heretofore is more than double what was authorized, and further expenditures will likely not be renumerated. 

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 Marvin B., 25PR01504

 TENTATIVE RULING:  

No appearance required.  The matter is continued to April 7, 2026, at 9:30 a.m. in Department 5 for receipt of the Confidential Court Investigator’s Report and ruling on the petition for Guardianship. 

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.

 

5.     Guardianship of Jaylah G., 25PR01518

 TENTATIVE RULING: 

 In light of the objections filed by Valfred Ventura Villalva, appearances by ZOOM or in person are required.  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.

 

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 Ember C., 25PR01030

 TENTATIVE RULING: 

No appearances required.  Because the court timely appointed counsel for the minor, but was subsequently informed that counsel was unable to accept the appointment due to a conflict and new counsel was needed, the court was only able to sign a new order appointing different counsel for the minor February 27, 2026.  As such, the matter is continued to April 7, 2026, at 9:30 a.m. for confirmation of the appointment of Minor’s counsel and possible trial setting.

7.     Guardianship of Serenity R., DEP-4217-01

 TENTATIVE RULING: 

 No appearances required.  The case was set in error on the Probate Guardianship calendar, when it should have been set on the Dependency Review Calendar.  The matter is dropped from the calendar March 3, 2026, and reset on March 19, 2026 at 9:00 a.m. in Department 5, at which time appearances will be required.

 

End of Tentative Rulings

3-03-26 – Guardianship CMC Calendar Tentative Rulings

Tuesday, March 03,  2026 at 9:00 a.m.
Judge Mark A. Urioste

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 Altamira H., 23PR00393

 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 March 2, 2027, in Department 5 for review of compliance with the filing of the Confidential Guardianship Status Report (Judicial Council Form GC-251). The petitioner is ordered to file the GC-251 no later than February 2, 2027.  If a completed GC-251 has been filed in a timely fashion, appearances will be waived.

The matter is also set on the Guardianship calendar December 15, 2026, at 9:30 a.m. in Department 5 for the status of the filing of an accounting.  If an accounting has been filed in a timely fashion, appearances will be waived.

 

2.     Guardianship of  Landon H., LaMichael H., Drevon L.,  24PR00932

 TENTATIVE RULING:

Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 25, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

3.     Guardianship of Jalen M., 24PR00958

 TENTATIVE RULING: 

Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 25, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

4.     Guardianship of Anthony A., 24PR00962 

TENTATIVE RULING:  

No appearances required. The required document has been received and reviewed.

As a petition for successor guardianship has been filed  and is set to be heard May 5, 2026, the court sets no future GC-251 compliance date for the current guardian.

 

5.     Guardianship of Maninder S., 24PR00980

 TENTATIVE RULING: 

 No appearances required.  The matter was set in error for proof of completion of a GC-251 Status Report, with the ward attaining the age of 21 prior to the review date.  The matter is dropped from calendar and the guardianship case is dismissed as the ward attained the age of 21 on April 29, 2025, and guardianship terminated on that date by operation of law.

 

6.     Guardianship of Eduardo T., 24PR00990

 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 March 2, 2027, in Department 5 for review of compliance with the filing of the Confidential Guardianship Status Report (Judicial Council Form GC-251). The petitioner is ordered to file the GC-251 no later than February 2, 2027.  If a completed GC-251 has been filed in a timely fashion, appearances will be waived.

 

7.     Guardianship of Braylan M., 24PR01015

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

8.     Guardianship of Edgar P., 24PR01023

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

9.     Guardianship of Emiliano R., 24PR01060

 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 March 2, 2027, in Department 5 for review of compliance with the filing of the Confidential Guardianship Status Report (Judicial Council Form GC-251).   The petitioner is ordered to file the GC-251 no later than February 2, 2027.  If a completed GC-251 has been filed in a timely fashion, appearances will be waived.

 

10.  Guardianship of Alison R., Miguel R., 24PR01061

 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 March 2, 2027, in Department 5 for review of compliance with the filing of the Confidential Guardianship Status Report (Judicial Council Form GC-251).  The petitioner is ordered to file the GC-251 no later than February 2, 2027.  If a completed GC-251 has been filed in a timely fashion, appearances will be waived.

 

11.  Guardianship of Jose R., 24PR01081

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

12.  Guardianship of Quetzali G., 24PR01095

 TENTATIVE RULING: 

 No appearances required.  The matter was set in error for proof of completion of a GC-251 Status Report, with the ward attaining the age of 21 prior to the review date.  The matter is dropped from calendar and the guardianship case is dismissed as the ward attained the age of 21 on September 4, 2025, and guardianship terminated on that date by operation of law.

 

13.  Guardianship of Aryelle G., 24PR01127

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

 14.  Guardianship of Raul V., 25PR00115

 TENTATIVE RULING: 

 No appearances required.  The matter was set in error for proof of completion of a GC-251 Status Report, with the ward attaining the age of 21 prior to the review date.  The matter is dropped from calendar and the guardianship case is dismissed as the ward attained the age of 21 on August 14, 2025, and guardianship terminated on that date by operation of law.

 

15.  Guardianship of Henry D., 25PR00122

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

16.  Guardianship of Francis C., 25PR00125

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

17.  Guardianship of Yazuara P., 25PR00132

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

18.  Guardianship of Gurpeet 25PR00143

 TENTATIVE RULING: 

 No appearances required.  The matter was set in error for proof of completion of a GC-251 Status Report, with the ward attaining the age of 21 prior to the review date.  The matter is dropped from calendar and the guardianship case is dismissed as the ward attained the age of 21 on May 27, 2025, and guardianship terminated on that date by operation of law.

 

19.  Guardianship of Leovigildo M., 25PR00155

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

20.  Guardianship of Rishav S., 25PR00163

 TENTATIVE RULING: 

 No appearances required.  The matter was set in error for proof of completion of a GC-251 Status Report, with the ward attaining the age of 21 prior to the review date.  The matter is dropped from calendar and the guardianship case is dismissed as the ward attained the age of 21 on May 17, 2025, and guardianship terminated on that date by operation of law.

 

21.  Guardianship of Erving E., 25PR00164

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

  

22.  Guardianship of Daniel M., 25PR00532

 TENTATIVE RULING: 

 Appearance of the Guardian IS required. The Court acknowledges the Confidential Guardianship Status Report filed on February 26, 2026, indicating the required GC-251 document has NOT been received. The Guardian is to appear and explain the failure to timely file the required form and/or file the document at the court appearance.

 

23.  Guardianship of Dalton E., SPR095732

 TENTATIVE RULING: 

 Appearance of Guardian is not required.  The Court acknowledges the Confidential Guardianship Status Report filed on February 6, 2026. 

The GC-251 filed with the Court was incomplete, in that Question #3(c) and Question #4(c), (g) and (h) were incomplete, and a report card was not attached.  The petitioner is ordered to file a fully complete GC-251 with the clerk no later than March 20, 2026.  To ensure compliance with the requirement of an annual GC-251, this matter is continued for a Case Management Conference to April 7, 2026, at 9:00 a.m. in Department 5.  If the Guardian has at that time filed an updated 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. 

 

24.  Guardianship of Itzayanna M., SPR096656

 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 March 2, 2027, in Department 5 for review of compliance with the filing of the Confidential Guardianship Status Report (Judicial Council Form GC-251).  The petitioner is ordered to file the GC-251 no later than February 2, 2027.  If a completed GC-251 has been filed in a timely fashion, appearances will be waived.

 

End of Tentative Rulings