Tentative Ruling: Estate of Rosalia Rodriguez Gauna

Case Number

24PR00429

Case Type

Hearing Date / Time

Tue, 05/12/2026 - 09:00

Nature of Proceedings

Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.

The following is noted for the Court at the hearing:

On March 3, 2026, Gilbert Gauna filed a Petition for Final Distribution.  On April 3, 2026, Thomas R. Gauna filed an objection to the Gilbert Gauna’s Petition for Final Distribution.  This places the matter at issue, requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)

However, it appears from all the filings of the objector, Thomas R. Gauna, that the objections are based on issues the court has already ruled on against Thomas R. Gauna.  As such, the objection operates as an inappropriate request for reconsideration, when such a request was already made multiple times in the past.

Therefore, it is recommended the Court overrule the objections of Thomas R. Gauna, find that they are frivolous or solely intended to cause delay, and order Thomas R. Gauna to pay the extraordinary fees of Vince Martinez out of Thomas R. Gauna’s share of the estate.

Any other Respondents desirous to object to the Petition, must file a written objection before the hearing.  The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.

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