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 (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 12 “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: 160 377 2262
Password: 419097

To Join Department 12 “Zoom” By Phone:

Call 1-669-900-6833 (San Jose) and enter same meeting ID and password as listed above.

Guide for Participating in Court Proceedings via Zoom for Dept 12:

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.