In the Matter of Eleanor Shockley

In the Matter of Eleanor Shockley

Minor’s Compromise Petition

Hearing Date: April 24, 2026

The petition of Michelle Why (“Petitioner”) to compromise the claims of her eight-yearold grandchild, Eleanor Shockley (“Claimant”), is CONTINUED to June 12, 2026, at 8:30 a.m. in Department 14 to allow Petitioner to apply for an order to appoint her as Claimant’s guardian ad litem.

Petitioner claims that she is the “guardian” of Claimant. [Petition at 1, Item 1.] However, there is no guardianship or conservatorship of Claimant’s estate. [Id. at 8, Item 18b; see Prob. Code § 1500, et seq.] Meanwhile, counsel Nicole Nosratian attests that Petitioner is the “grandmother and current guardian ad litem of” Claimant. [Id. at 5, Item 13, and Attachment 13a at ¶ 2 (original italics).] The case docket does not show that Petitioner was appointed, let alone applied to be, the guardian ad litem of Claimant.

Currently, Petitioner lacks the standing to petition for the approval of her granddaughter’s claim. Instead of denying the petition without prejudice, the Court will continue the matter to give Petitioner a chance to file an application for appointment as Claimant’s guardian ad litem. The Court notes that appointing any of Claimant’s parents as her guardian ad litem is unlikely because of a possible conflict of interest, given that they are all claimants in the settlement.

NOTE RE TENTATIVE RULING

This tentative ruling becomes the court’s order, and no hearing shall be held unless one of the parties contests it by following Rule 3.1308 of the California Rules of Court and Monterey County Local Rule 7.9. Those parties wishing to present an oral argument must notify all other parties and the Court no later than 4:00 p.m. on the court day before the hearing; otherwise, NO ORAL ARGUMENT WILL BE PERMITTED, AND THE TENTATIVE RULING WILL BECOME THE ORDER OF THE COURT AND THE HEARING VACATED. You must notify the court by email or by calling the Calendar Department at 831-647-5800, extension 3040, before 4:00 p.m. on the court day before the hearing.

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