Conservatorship of Valerie Ann Gonzalez

Sec.1000), motions must also follow proper procedural pleading and notice requirements listed in the CCP, Cal. Rules of Court, and Probate Code, such as citation to authority/grounds for bringing the motion (CCP, Sec.1010; Keown v. Trudo (1925) 71 Cal.App. 155, 156) and containing a prayer for relief. (See e.g. Leek v. Cooper (2011) 194 Cal.App.4th 399, 413; Prue v. Brady Co./San Diego, Inc. (2015) 242 Cal.App.4th 1367, 1376 ["a complaint must set forth the essential facts of the plaintiff's case with reasonable precision and with particularity sufficient to acquaint the defendant with the nature, source, and extent of the plaintiff's claim."].)

In this case, the "Status Report" that contained a vague motion does not satisfy any of the pleading or motion requirements in the Probate Code, CCP, or CRC. The filing does not cite to ANY authority (statute or case), does not clearly request affirmative relief, does not contain a prayer for relief, and appears to be attempting to cut off a known heir from Final Distribution of the proceeds of the estate, when no Petition for Final Distribution is before the Court for adjudication, all because the heir will not agree to be cut off or "settle" any potentially adverse claims.

Judging from the language in Probate Code section 11604, no assignment by the heir would pass muster anyway, under the facts currently before the court. Thus, any vague request for affirmative relief should be denied, and the Court should, at minimum, require a statutorily compliant Report of Status of Administration in order to determine whether to continue to allow the current personal representative to administer the estate.

[1] Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. (Pen. Code, Sec.118(a).)

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 161 956 1423 Passcode: 137305

Tentative Ruling: Conservatorship of Valerie Ann Gonzalez Tentative Ruling: Conservatorship of Valerie Ann Gonzalez Case Number

Case Type Conservatorship Hearing Date / Time Wed, 02/25/2026 - 09:30 Nature of Proceedings Court Investigator's Biennial Review Tentative Ruling Probate Notes: No appearances are required. The court investigator's report has been received and recommends that the conservatorship continue. The next review hearing will be held on February 2, 2028. The Court will give notice of the hearing.

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.