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The court will be closed Tuesday, November 11th, in observance of Veteran's Day.

Guardianship Tentative Rulings

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

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.

Guardianship Tentative Rulings

Tuesday, October 21,  2025 at 9:30 a.m.
Visiting Commissioner Anthony Wheeldin

NOTE: FOR ANY REQUESTS FOR APPEARANCE, PLEASE CALL THE COVERING JUDICIAL ASSISTANT AT 707-521-6547

 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.

*********** 

Guardianship Tentative Rulings

Guardianship Calendar 10-21-25 

1.     Guardianship of Dalton E., SPR095732

 

TENTATIVE RULING:  Appearances are not required.  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 March 03, 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.

2.     Guardianship of  Rafael L., 25PR00894

 

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 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.

3.     Guardianship of Daniella S., SPR093789

 

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 10, 2025. 

4.     Guardianship of Ellie P., SPR097880 (Termination & Appointment of Successor)

 

TENTATIVE RULING:  Appearances not required. The Court DENIES the Petition to Terminate Guardianship. Guardian Danielle Marsalla is removed as Guardian. The Court appoints Timothy Perry and Kimberly Perry as Successor Guardians.

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 18, 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.

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

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on December 02, 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 10/14/2025. 

The Court notes objections were filed and the parties are directed to comply with Local Rule 6.2(f)(2) for meet and confer requirements prior to December 16, 2025 hearing date.

 

 

6.     Guardianship of Camilla S., 25PR00913

 

TENTATIVE RULING:  APPEARANCES ARE REQUIRED. Hearing is a Readiness Conference for the trial scheduled for November 10, 2025.

 

7.     Guardianship of Zayden Y., 24PR01083

 

TENTATIVE RULING:  No appearance required. Court notes Petition for Provisional Order was set for November 4, 2025 at 9:30 am in Department 5.

 

 

 

8.     Guardianship of Caleb T., 25PR00944

 

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 will also sign the proposed order MC-355 Order to Deposit Funds in a Blocked Account. 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 February 03, 2026, in Department 61.  If the Guardian has by that time filed the required GC-251 and MC-356 (Acknowledgment of Receipt of Order and Funds for Deposit in Blocked Account, 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.

 

9.     Guardianship of Valentina M., Maurice M., 25PR00948

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on December 02, 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 30, 2025. 

The Court notes opposition has been filed. The parties are directed to comply with local rule 6.2(f)(2) for meet and confer requirements prior to the December 02, 2025 hearing date.

 

                    

10.    Guardianship of Yesenia A., 25PR00946

 

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 17, 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.

 

11.  Guardianship of Ana O., 25PR01122

 

TENTATIVE RULING:  Appearances not required. The Court finds good cause to waive and does waive immunization and school records.

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 17, 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.

 

End of Tentative Rulings

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