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34-2015-00174413-PR-LP-FRC·sacramento·Probate·Conservatorship
Hearing todayDENIED

In the matter of Manuel Arriaga

Motion to be Relieved as Counsel

Hearing date
Sep 2, 2026
Department
126
Judge
Prevailing
Opposing Party

Motion type

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Parties

OtherMaria Arriaga
OtherManuel Arriaga

Attorneys

Matthew D. Scottfor Maria Arriaga

Ruling

34-2015-00174413-PR-LP-FRC: In the matter of Manuel Arriaga 09/02/2026 General Probate in Department 126

Tentative Ruling

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL

FILED: 7/31/2026

RE: Conservatorship of Manuel Arriaga

MOVING PARTY: Matthew Scott, Attorney for Conservator Maria Arriaga (916) 954-5517

NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2526 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure § 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 126 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept126 and the Zoom Meeting ID is 160 5926 9604. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code § 68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not

34-2015-00174413-PR-LP-FRC: In the matter of Manuel Arriaga 09/02/2026 General Probate in Department 126

using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING Attorney Matthew D. Scott’s motion to be relieved as counsel is DENIED as follows.

In counsel’s Declaration in Support of Attorney’s Motion to Be Relieved as Counsel, Mr. Scott, attorney for Maria Arriaga, conservator of Manuel Arriaga, states that he has not been in contact with Ms. Arriaga since March 23, 2026 and that an irreconcilable conflict has occurred which renders Mr. Scott unable to effectively represent Ms. Arriaga. (Declaration, ¶ 2.)

Mr. Scott represents that he completed mail service to Ms. Arriaga at her last known address, which Mr. Scott unsuccessfully attempted to confirm despite calling Ms. Arriaga’s last known telephone number and contacting her daughter. (Declaration, ¶ 3.b.(2).)

Mr. Scott also notes that he has not been provided the information needed to complete the required and past due fifth and sixth accountings. On July 30, 2026, one day prior to the filing of this motion, the Court issued sanctions against Ms. Arriaga for failing to appear at as ordered.

The court has discretion to deny a motion where prejudice may occur to third parties. (Linn v. Superior Court of Los Angeles County, 79 Cal. App. 721, 724 [“The relation of attorney and client, when once established in a case, is not to be so easily severed, when the right of others depend[s] thereon.”].) This is an active conservatorship matter over the person and estate. Two accountings are presently due. Because Mr. Scott’s client has not yet been able to provide the required accountings, the Court determines the rights of the conservatee may be detrimentally affected if Mr. Scott is relieved as Ms. Arriaga’s counsel.

The Motion to be Relieved as Counsel is DENIED. The Court reminds Mr. Scott and Ms. Arriaga that the Court continued the July 30, 2026 for further order to show cause as to why Ms. Arriaga shouldn’t be further sanctioned.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)

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