First Accounting and Report of Conservator
Case Number
Case Type Conservatorship Hearing Date / Time Tue, 05/12/2026 - 09:00 Nature of Proceedings First Accounting and Report of Conservator Tentative Ruling Probate Notes: Court records show that an Accounting is due (See Prob. Code, Sec. 2620), but there is no accounting on file.
The Court ordered the accounting on October 1, 2021. According to the order, the Accounting should have been filed for review by September 12, 2022, which is 15 days before the hearing. The Notice to File an Accounting was issued pursuant to Probate Code section 2620.2 on March 3, 2026, served on March 6, 2026, requiring the accounting be filed within 30 days of that notice. The accounting is still not on file.
As a result of the failure to file the accounting, the court may remove the conservator (Prob. Code, Sec.2620.2(b)(1)), cite the conservator for contempt of court (Prob. Code, Sec.2620.2(b)(2)), suspend the powers of the conservator, appoint a temporary conservator to take hold of the assets, and recommend surcharge (Prob. Code, Sec.2620.2(b)(3)), and/or appoint legal counsel for the conservatee and compensate counsel via surcharge to the conservator (Prob. Code, Sec.2620.2(b)(4)).
If the estate qualifies, the conservator may request an order dispensing with accountings pursuant to Probate Code section 2628. This may often be accomplished by submission of a declaration (Judicial Council Form MC-030) ex parte.
As the Court's representative, the Court Investigator is required to visit the conservatee to make advisements and determine ongoing need in accordance with Probate Code section 1851. The Court Investigator must be served with a copy of the accounting. In Santa Maria, it should be sent to 312-C E. Cook Street, Santa Maria, CA 93454. In Santa Barbara, it should be sent to 118 E. Figueroa, Santa Barbara, CA 93101.
Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 160 543 3416 Passcode: 5053334
Tentative Ruling: Estate of Rosalia Rodriguez Gauna Tentative Ruling: Estate of Rosalia Rodriguez Gauna
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