Conservatorship of Socorro Yolanda Leal Santos
Conservatorship of Socorro Yolanda Leal Santos
Case Number
24PR00125
Case Type
Hearing Date / Time
Tue, 10/22/2024 - 09:00
Nature of Proceedings
Case Management Conference
Tentative Ruling
Probate Notes:
Appearances required.
On March 6, 2024, Thomas Santos filed a petition to establish a conservatorship over the person and estate of Socorro Yolanda Leal Santos, and be appointed conservator over the proposed conservatee. At the hearing on the petition (April 30, 2024), it appears there was at least one objection made to the petition, although the Minute Order is unclear which party objected. An evidentiary hearing was set, and the parties opted to attend mediation.
It appears from the record that mediation was at least partially successful, and the evidentiary hearing was vacated. This hearing was set for a case management conference.
The following is noted for the court at the CMC:
No written objection on file. Objections to Probate Court matters may be made orally at a hearing, but if the Court does not resolve the objection at the hearing whereat the objection was made, the objection should be made in writing:
(a) An interested person may appear and make a response or objection in writing at or before the hearing.
(b) An interested person may appear and make a response or objection orally at the hearing. The court in its discretion shall either hear and determine the response or objection at the hearing, or grant a continuance for the purpose of allowing a response or objection to be made in writing.
(c) A request for a continuance for the purpose of making a written response or objection shall not itself be considered as a response or objection, nor shall the failure to make a response or objection during the time allowed be considered as a response or objection.
(Prob. Code, §1043, subds. (a)-(c) [emphasis added].)
There is no written objection on file in this case, thus the objecting parties should be ordered to file a written objection that firmly places the matter at issue. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)
The proposed conservatee is expected to attend the hearing. (Prob. Code, § 1825.)
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 160 543 3416
Passcode: 5053334