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Tentative Ruling: Conservatorship of Leilani Prado

Case Number

26PR00078

Case Type

Conservatorship

Hearing Date / Time

Tue, 03/03/2026 - 09:00

Nature of Proceedings

Petition to Appoint Limited Conservator

Tentative Ruling

Probate Notes:

Appearances required. The following defects must be corrected before the hearing:

Notice of Related Case.  The proposed conservatee is the subject of a Petition to Appoint Conservator of the Person in Case no. 25PR00553 in this court, but the Petitioner here did not submit a Notice of Related Case (CM-015) informing the court of the existence of that case, which violates the duty to keep the court informed of related cases in CRC, Rule 3.300.  Sanctions of $1,000 is recommended. (CRC, Rule 2.30.)

Proof of Personal Service of Summons. There is no proof of service showing the Citation was served on the proposed conservatee.  In a conservatorship proceeding, jurisdiction is obtained through personal service of a citation and a copy of the petition for conservatorship upon the proposed conservatee. (Prob. Code, § 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.) The notice must be personally delivered to the proposed conservatee at least 5 court days before the hearing. A copy of the petition for temporary appointment shall be served with the notice of hearing. [Prob. C. § 2250(e)(2)]

The Proof of Service on filed only shows service of the petition, not the citation.

Confidential Declaration on Medical Ability to Attend Hearing (GC-325) – As of January 1, 2025, the ability of the proposed conservatee to attend the hearing will be determined on evidence submitted on Judicial Counsel form GC-325.  This form was adopted for mandatory use as of January 1, 2025.  This form must be filed, or the proposed conservatee will be expected to attend the hearing.

The proposed conservatee is expected to attend the hearing, unless a Confidential Declaration on Medical Ability to Attend Hearing (GC-325) is filed and shows an medical inability to attend.  (Prob. Code, § 1825.) (Prob. Code, § 1825(a)(2)[medical inability].)

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