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24PR00655·santabarbara·Civil·Guardianship
Hearing about 1 month agoDefects in service; appearances required

Guardianship of Luis Mauricio Rivera Hernandez

Motion to Be Relieved as Counsel

Hearing date
Jul 6, 2026
Department
Prevailing
N/A

Motion type

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Ruling

Case Type Guardianship Hearing Date / Time Mon, 07/06/2026 - 08:30 Nature of Proceedings Guardianship Compliance Hearing Tentative Ruling Probate Notes: No appearances required. A declaration filed on July 4, 2026, shows that this estate still has not received funds from the ward's parent's estate, and thus has no assets to report. A continuance is recommended. The following documents must filed with the court pursuant to the Court's order to file the documents, issued on June 30, 2025, when the estate receives funds from the distribution of the parent's estate: Inventory & Appraisal (Form GC-040) (Prob.

Code, Sec. 2610). The guardian must file an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator. Proof of Service - Notice of How to File Objection to I & A (Form GC-042) (Prob. Code, Sec. 2610) A copy of the Inventory & Appraisal (Form GC-040), along with Notice of How to File Objection to I & A (Form GC-042), must be delivered to the ward's parents and siblings or mailing excused by court.

Tentative Ruling: Guardianship of Luis Mauricio Rivera Hernandez Tentative Ruling: Guardianship of Luis Mauricio Rivera Hernandez Case Number

Case Type Guardianship Hearing Date / Time Mon, 07/06/2026 - 08:30 Nature of Proceedings Motion to Be Relieved as Counsel Tentative Ruling Probate Notes: Appearances required. No Proof of Service. There is no Proof of Service on file. The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service or mail. If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either: (1) The service address is the current residence or business address of the client; or (2) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

As used in this rule, "current" means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.

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