In the Matter of Dominic Robert Gaytan
Case Information
Motion(s)
Account and Report
Motion Type Tags
Petition
Parties
- Other: Dominic Robert Gaytan
Ruling
2024PRGE021390: IN THE MATTER OF DOMINIC ROBERT GAYTAN 05/19/2026 in Department J6 Account and Report
The period for the first account is incorrect. The period of the first account was 06/21/24 06/20/25. The Second Account is to be for the period of 01/01/26 06/20/27.
Petitioner has paid $19,157.02 in tuition for Grace School and $414.50 for Simi Youth Baseball from the guardianship account.
School tuition and extracurricular activities are obligations of parents, not the minor. Discuss.
Attorney Fees: An attorney for a guardian may not receive any payment from the estate of the ward for services rendered in advance of an order of the court authorizing the payment.(CRC rule 7.755(a)) Here the conservator paid the attorney and now seeks reimbursement from the guardianship estate. This is the same as being paid by the estate prior to court order. If the guardian is going to pay the attorneys and then seek reimbursement from the guardianship estate, all future payments must be approved by the court pursuant to Probate Code §2640 and CRC rule 7.751(b) and CRC 7.702.
The declaration attached as Exhibit B is insufficient. The declaration does not provide: - Specify the amount requested for each category of service performed - State the hourly rate of each person who performed services and the hours spent by each of them
Attaching time sheets is insufficient as the court is not going to determine the categories of services (e.g. communications, attendance at hearings, I&A, etc.) and sort the entries by category of service.
Attorney has not provided the information re paralegals required by CRC rule 7.703(e).
Attorney to file an Amended Declaration in support of the requested fee reimbursement.
2024PRGE021390: IN THE MATTER OF DOMINIC ROBERT GAYTAN
The additional bond was ordered on 06/06/25. Petitioner is just now, petition filed 03/12/26, discussing her failure to qualify for additional bond.
The court orders the entirety of the T. Rowe Price 2056 TR K and of the T. Rowe Price Retire 2070 TR K accounts into blocked accounts at T. Rowe Price pursuant to a separately issued Order to Deposit Funds in Blocked Account.
Petitioner to file an Acknowledgement of Receipt of Order and Funds for Deposit in Blocked Account on or before 06/15/26.
The court orders guardian to file a supplement on or before 06/15/26 discussing use of the guardianship funds for tuition and extracurricular activities and re the investment in the Managed Account without prior court authorization.
The court continues this hearing to 06/23/26 at 9:00 a.m. in Department J6.
The clerk shall give notice.
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