Guardianship Tentative Rulings

04-01-2025 - Guardianship Calendar Tentative Rulings

04-01-2025- Guardianship CMC 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) 521-6604 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.

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 Abigail & Alexander L., SPR89417

 

TENTATIVE RULING:  Appearances required for a review of Mother’s visitation.

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2.     Guardianship of  Osmarth E., 25PR00050

 

TENTATIVE RULING:  Appearances are not required.  Absent objection, the Petition for Guardianship is GRANTED and the Court will sign the proposed order submitted by Petitioners. 

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 May 5, 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.

Absent objection, the Request for Special Immigrant Juvenile Findings is GRANTED and the Court will sign 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.

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3.     Guardianship of Altamira H., 23PR00393

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on May 6, 2025, in Department 5.  The purpose of the continuance is to afford the Court Investigator’s office additional time to complete its report to the Court.

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4.     Guardianship of Akvinder K., 25PR00056

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on May 6, 2025, in Department 5.  The purpose of the continuance is to afford Petitioner additional time to cure the deficiencies noted in the Probate Examiner’s Notes filed on March 11, 2025.

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5.     Guardianship of Gabriel O., 25PR00065

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on May 6, 2025, in Department 5.  The purpose of the continuance is to afford Petitioner additional time to cure the deficiencies noted in the Probate Examiner’s Notes filed on March 11, 2025. 

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6.     Guardianship of Yonatan R., 25PR00081

 

TENTATIVE RULING:  Appearances are not required.  Absent objection, the Petition for Guardianship is GRANTED and the Court will sign the proposed order submitted by Petitioners.  The Court waives notice as to the ward’s father and his paternal grandparents

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 May 5, 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.

Absent objection, the Request for Special Immigrant Juvenile Findings is GRANTED and the Court will sign 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.

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7.     Guardianship of Jordan R., 25PR00082

 

TENTATIVE RULING:  Appearances are not required.  Absent objection, the Petition for Guardianship is GRANTED and the Court will sign the proposed order submitted by Petitioners. 

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 May 5, 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.

Absent objection, the Request for Special Immigrant Juvenile Findings is GRANTED and the Court will sign 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.

 

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8.     Guardianship of Susie C., SPR095935

 

TENTATIVE RULING:  Appearances are not required.  The Petition to Terminate Guardianship is DENIED. 

 

9.     Guardianship of Ayinema Y., 25PR00100

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to 9:30 a.m. on May 6, 2025, in Department 5.  By the terms of the Court’s order dated February 4, 2025, the Temporary Guardianship shall not and does not expire until the Court rules on the request for general guardianship.  The purpose of the continuance is to afford additional time for Sonoma County Human Services Department to conduct guardianship investigation and report back to the Court.  On March 5, 2025, the Clerk of the Court notified HSD of the need for an investigation; however, as of this tentative ruling, a report has not been received.

 

10.    Guardianship of Mia G., Sophia G., Xavier G, Adalynn G., 25PR00107

 

TENTATIVE RULING:  Appearances are not required.  Absent objection, the Petition for Guardianship is GRANTED and the Court will sign the proposed order submitted by Petitioners. 

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 May 5, 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.

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.

  

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11.   Guardianship of Dalton E., SPR095732

 

TENTATIVE RULING:  Appearances required for a status on receipt of funds and deposit into blocked account. 

 

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12.   Guardianship of Daniel G., SPR095303

 

TENTATIVE RULING:  Appearances are not required.  This matter is continued to May 6, 2025, to afford the Court Investigator an opportunity to complete an investigation and also to afford the Guardian an opportunity to respond (in light of the late service).

 

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13.  Guardianship of Edimir V., 24PR01066

 

TENTATIVE RULING:  Appearances are not required.  Absent objection, the Petition for Guardianship is GRANTED and the Court will sign the proposed order submitted by Petitioners. 

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 May 5, 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.

Absent objection, the Request for Special Immigrant Juvenile Findings is GRANTED and the Court will sign 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.

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14.  Guardianship of Selvin C., 24PR01063

 

TENTATIVE RULING:  Appearances are not required.  Absent objection, the Petition for Guardianship is GRANTED and the Court will sign the proposed order submitted by Petitioners.  The Court waives any irregularities in the notice.

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 May 5, 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.

Absent objection, the Request for Special Immigrant Juvenile Findings is GRANTED and the Court will sign 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.

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15.  Guardianship of Alexander O. 24PR00859

 

TENTATIVE RULING:  Awaiting signed stipulation reflecting settlement agreement.  If the parties require more time, they need only advise the judicial assistant of the date and the Court will be happy to put the matter over to the agreed-upon date.

 

 

End of Tentative Rulings

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