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Estate of Enrique Mendoza Hernandez

Case Number

24PR00317

Case Type

Spousal Property

Hearing Date / Time

Mon, 07/15/2024 - 08:30

Nature of Proceedings

Petition: Spousal Property

Tentative Ruling

Probate Notes:

Appearances required.  After supplement, the following must be submitted:

Amended Petition. A spousal property petition contains only two primary requests for relief.  First, is to determine that the deceased spouse’s share of the community property passes to the surviving spouse.  The second is for the Court to confirm the surviving spouse owns the surviving spouse’s rightful share of the community property.

On the mandatory Judicial Council form, in order to properly request the first relief (i.e. determine), petitioner would check paragraph 1a on the petition, and also check paragraph 7a, as well as include the required information attached as attachment 7a.  The proposed order would then be checked at paragraph 5a.

On the mandatory Judicial Council form, in order to properly request the second relief (i.e. confirm), petitioner would check paragraph 1b on the petition, and also check paragraph 7b, as well as include the required information attached as attachment 7b. The proposed order would then be checked at paragraph 7a.

THE RELIEF INDICATED IN THE PROPOSED ORDER MUST MATCH THE RELIEF REQUESTED IN THE PETITION.

In this case, the proposed order indicates that the petitioner desires only confirmation, and not determination (i.e. only paragraph 7a was checked).  But the petition only indicates that the relief requested is determination, because only paragraph 1a and 7a were checked. (i.e. confirmation paragraphs 1b and 7b were left blank.)

The court cannot approve the proposed order as presented, because signing the proposed order would be granting relief that was not requested.

Proposed Order. A proposed order using Judicial Council Form DE-226 that conforms to the relief requested. (Local Rule 1724, subd. (b).)

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 797 5412

Passcode: 8749009

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