Petition for Appointment of Guardian of the Persons
CASE NUMBER: 26PG-0033420 This matter is on calendar for hearing on a Petition for Appointment of Guardian of the Persons. The Petition was filed by the minors’ grandfather and non-relative caregiver, Thomas Gutuerrez and Theresa Wheeler. Letters of Temporary Guardianship issued on June 8, 2026, and are set to expire today unless further extended.
The Petitioner/maternal grandfather has consented to the guardianship. The Court dispenses with notice to the deceased father. Proof of service has been filed for the maternal grandmother and paternal grandparents. There is no proof of service of the Notice of Hearing and Petition for the
mother and insufficient information has been provided to permit the Court to dispense with notice to these parties. The mother must be personally served in order to move forward on the Petition. Prob. Code § 1511(b). Alternatively, the mother can sign a consent and waiver of notice (GC-211, section 4), in lieu of being served.
The Confidential Guardian Screening Form (GC-212) for Theresa Wheeler is incomplete as to attachment 3. An amended GC-212 is required to be filed. The Court has reviewed the Court Investigator’s report filed on June 23, 2026, and the Children’s Services report filed on July 1, 2026, which both recommend Petition. The Court will inquire whether the children are or may be Indian children. If Petitioners have reason to know that the children are Indian children, they must make further inquiry to learn about the children’s Indian heritage.
This matter is continued to Monday, August 17, 2026, at 8:30 a.m. in Department 42 for further proceedings on the Petition. The Temporary Guardianship is ORDERED to remain in effect until the continued hearing date. Petitioners are required to file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the Petition, on the mother. In the alternative, if Petitioners cannot serve the mother, the Court will require a declaration explaining in detail all efforts of Petitioners to locate and serve her and why she cannot be served, to permit the Court to dispense with notice. Warning: Failure to properly effect service or provide adequate basis to dispense with service as to the necessary parties will result in denial of the Petition. Notice is preserved. No appearance is necessary on today’s calendar.
GUARDIANSHIP OF TERA, TRISTA & TRINITY TRUJILLO
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