Tentative Ruling: Guardianship of Astrid Ayelen Inciso Leon

Case Number

24PR00149

Case Type

Hearing Date / Time

Tue, 06/11/2024 - 09:00

Nature of Proceedings

Petition to Appoint Guardian of Person

Tentative Ruling

Probate Notes:

Appearances required.

The following defects prohibit this Court from having the authority to grant the petition:

Jurisdictional Defects.  The proposed ward is a citizen of Peru, and not located in this country. No court in this state can take jurisdiction of a minor citizen of another country, when the minor has not lived in California for last 6 months, NOR is a resident of, NOR temporarily resides in Santa Barbara County. (Prob. Code, § 2200-2202.)  This mandates the petition be denied.

Proof of Timely Mailed Service. Even if the jurisdictional defect did not exist, Petition is not a relative of the minor, which requires service of the notice of the petition and a copy of the petition on the Director of Social Services.  The director of DSS must receive notice of nonrelative guardianships (Prob. Code, §§ 1542, 1511(d) [Local practice has been to serve local CWS].)

Petitioner may contact the Probate Facilitator at 805-614-6622 or 805-614-6413 (Español) for assistance with resolving these service issues.

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