Skip to main content.

PUBLIC NOTICE Reduced Hours of Operation – Clerk’s Offices

From December 22, 2025 – January 2, 2026, The Superior Court of California, County of Santa Barbara, will reduce phone hours and the public access operating hours of the Clerk’s Offices. For more information, click here.

Notice:

The court is aware of fraudulent messages and scams being sent to the public. For more information please click here.

Guardianship of Lily Sophia Homan

Case Number

25PR00314

Case Type

Guardianship

Hearing Date / Time

Mon, 08/04/2025 - 08:30

Nature of Proceedings

Contested Petitions for Appointment as Guardian of a Minor

Tentative Ruling

Probate Notes:

Personal Appearances required.  The minor must attend the hearing.

On June 11, 2025, a Petition for Appointment of Guardian of the Person was filed by Dixie Lee Arthur.  Written objection to that petition was filed by Johnny Lee Homan on June 25, 2025, and by Tami Mayorga on June 27, 2025.  In addition to the objection filed in this case, Tami Mayorga filed a Petition for Appointment of Guardian of the Person on July 7, 2025, in an entirely new case (25PR00352), without explanation.  Although it appears the parties met and conferred about the matter, continuing it to the current hearing date, the filing in the new case creates confusion, is not procedurally appropriate, and should therefore be consolidated, with the current case (25PR00314) being designated as the lead case.

The written objections and competing petition place this matter at issue and 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.)

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.

The following procedural defects are noted for the hearing:

Notice to Blackfeet Tribe.  Petitioners report that the child has Indian ancestry. The report states that the Proposed Ward “is or may be a member of or eligible for membership in” the Blackfeet Indian tribe of Montana.

Under California Rules of Court, rule 7.1015(c), if it is known or there is a reason to know that an Indian child is involved in a guardianship proceeding, “the petitioner and the court must notify the child’s parents or legal guardian and Indian custodian, and the Indian child’s tribe, of the pending proceeding and the right of the tribe to intervene.”

The Indian Child Welfare Act requires that the Indian child's tribe receive notice of the proceedings if the court knows or has reason to know that an Indian child is involved, and if the identity or location of the tribe cannot be determined, such notice shall be given to the Secretary of the Interior (25 U.S.C. §§ 1912(a), 1903(11).)  Thus, it appears that notice must be provided to the Blackfeet tribe.

Proof of Personal Service of Mayorga Petition.  Proof of timely personal service of the notice of hearing and a copy of the petition (Prob. Code, § 1511) on parents and proposed ward, OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014).

Proof of Timely Mailed Service of Mayorga Petition.  Proof of timely mailed service of the notice of hearing and a copy of the petition (Prob. Code, § 1511) on grandparents of proposed ward, OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014).

Was this helpful?

Yes No
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
Was this helpful?