Guardianship Tentative Rulings

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

Additional 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 Guardianship Calendar.  (Cal. Code of Civil Procedure § 259.)  A court commissioner has the power to 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).)

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 the matter to be determined by the Commissioner or who otherwise wishes to be heard in response to the tentative ruling or a petition must do all of the following:  

a)    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 at (707) 521-6604 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. 

Notifications to the court, all attorneys, and all unrepresented parties must be completed no later than 4:00 p.m. on the Monday immediately before the day of the hearing.  Failure to provide both notifications will be deemed an agreement to the adoption of the tentative ruling by the temporary judge. 

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.

1. Guardianship of Troy Robert M., 23PR00041

TENTATIVE RULING:  APPEARANCES REQUIRED

2. Guardianship of Camilla Ashley S., 23PR00055

TENTATIVE RULING:  APPEARANCES REQUIRED. Update from the parties. Trial if necessary.

3. Guardianship of Leona Laniakea Tallulah T., 23PR00112

TENTATIVE RULING:   APPEARANCES REQUIRED. Update on Father’s visitation.

4. Guardianship of Joziah Emory H., 23PR00335

TENTATIVE RULING:  APPEARANCES REQUIRED. Trial.

5. Guardianship of Dahlia Grace M., 24PR00189

TENTATIVE RULING:  APPEARANCES REQUIRED. Trial.

6. Guardianship of Emerson S. Rodriguez A., 24PR00253

TENTATIVE RULING:  APPEARANCES REQUIRED unless corrected document is filed. The Confidential Report of Proposed Guardian Page 5 is missing.

7. Guardianship of Qha-A Wint Dale A., 24PR00344

TENTATIVE RULING:  APPEARANCES REQUIRED. Update from the tribe.

8. Guardianship of Aneth Idally Hernandez F., 24PR00363

TENTATIVE RULING:   NO APPEARANCES REQUIRED. Absent objection, guardianship to be granted. If there is objection, the matter will be set for hearing and the parties will be notified by the court. Guardian must file the Confidential Guardianship Status Report GC251 within one year and 30 days from the date the guardianship is granted and annually thereafter. The form is available online at the court’s website.

9. Guardianship of Kevin Alexander Chajon Y., 24PR00371

TENTATIVE RULING: NO APPEARANCE REQUIRED. Absent objection, guardianship and SIJF to be granted. If there is an objection, the matter will be set for hearing and the parties will be notified by the court. Guardian must file the Confidential Guardianship Status Report GC251 within one year and 30 days from the date the guardianship is granted and annually thereafter. The form is available online at the court’s website.

10. Guardianship of Shayanna Rose R., SPR81439

TENTATIVE RULING: APPEARANCE REQUIRED.

11. Guardianship of Amelia Sophia P., SPR87247

TENTATIVE RULING: APPEARANCE REQUIRED. On for update from the parties.

12. Guardianship of Dakota Carver Chamber T., SPR87635

TENTATIVE RULING: APPEARANCE REQUIRED. Proof of Washington guardianship.

13. Guardianship of Ayla N., SPR094326

TENTATIVE RULING: APPEARANCE REQUIRED. Update from the parties.

14. Guardianship of Indigo Mydknight Rhapsody H., SPR094886

TENTATIVE RULING: APPEARANCE REQUIRED.

15. Guardianship of Xavier Vicente L.; Emiliano Sebastian L., SPR096167

TENTATIVE RULING: APPEARANCE REQUIRED.

16. Guardianship of Savannah Ruby D., Isaiah Anthony D., and Lamont Marcel D., SPR097979

TENTATIVE RULING: APPEARANCE REQUIRED. On for update.

End of Tentative Rulings