Fallos provisionales de tutela de menores

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

 Guardianship Calendar 01-06-26 

1.     Guardianship of Elijah S., Justin S., SPR093008

 TENTATIVE RULING:  Appearances are required to update the Court and advise why the required Confidential Financial Statement has not been filed as it has been in prior years.

2.     Guardianship of  Misael O., 25PR01193

 TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on January 20, 2026, in Department 5.  The purpose of the continuance is to provide Petitioner with additional time to cure the deficiency noted in the Probate Examiner’s Notes filed on December 16, 2025.  The Court is mindful the proposed ward is turning 21 years of age in February of 2026, making it critical the deficiency be cured without delay. 

3.     Guardianship of Jose G., 25PR01205

 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 mandatory 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:  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 February 2, 2027, 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.

4.     Guardianship of Felix “ELI” L., 25PR01212

 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 Petitioners.  The Court for good cause shown waives all deficiencies noted in the Probate Examiner’s Notes filed on December 16, 2025.

Petitioners/Guardians are directed to file the mandatory 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 February 2, 2027, in Department 61.  If the Guardians have at that time filed the required GC-251, appearances 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.

5.     Guardianship of Joseph C.A., 25PR01225

 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.  Petitioner’s request for notice waivers is granted.

Petitioner/Guardian is directed to file the mandatory 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 February 2, 2027, in Department 61.  If the Guardian has at that time filed the required GC-251, her 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 Anthony C., 25PR01252

 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).  Request for waiver of notice as to paternal grandparents is granted.

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 February 2, 2027, 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.

 

7.     Guardianship of Yesli de L., 25PR01246 

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 mandatory 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:  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 February 2, 2027, 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.

 

 8.     Guardianship of Alfred G., 25PR01264

 TENTATIVE RULING:  Absent objection, the Petition for Guardianship is GRANTED and the Court will sign a 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 February 2, 2027, 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.

 

 9.     Guardianship of Molly M., 25PR00439

 TENTATIVE RULING:  Appearance is not required.  This matter is continued to 9:30 a.m. on April 21, 2026, in Department 5 or 61 (TBA).  The purpose of the continuance is to provide Petitioner with additional time to obtain a termination of the guardianship proceeding pending in San Joaquin county.

 

10.  Guardianship of Mitchelda H., 25PR00774

 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). 

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 February 2, 2027, 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.

 

11.  Guardianship of Jacob M., Halona M., SPR089512

 TENTATIVE RULING:  Appearances are not required.  Absent objection, the petition to terminate the guardianship is GRANTED.  At the time of hearing, the Court will sign a written Order Termination Guardianship (mandatory Judicial Council form GC-260).  

 

12.  Guardianship of Rush L., Madison L., Victoria L., 25PR00913 

TENTATIVE RULING:  Appearances by ZOOM or in person are required to update the Court regarding ongoing mediation and possible settlement.

 

 

End of Tentative Rulings

01-06-2026 – 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 Hunter A., SPR08962

 

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 January 5, 2027, in Department 61 for review of compliance with the filing of the Confidential Guardianship Status Report (Judicial Council Form GC-251).  If a properly completed GC-251 has been filed in a timely fashion, appearances will be waived.

 

 

2.     Guardianship of Anikka H., Ava N., SPR095055

 

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 January 5, 2027, in Department 61 for review of compliance with the filing of the Confidential Guardianship Status Report (Judicial Council Form GC-251).  If a properly completed GC-251 has been filed in a timely fashion, appearances will be waived.

 

End of Tentative Rulings