Guardianship of Astrid Ayelen Inciso Leon
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