Guardianship Calendar
Second/Final Check
Superior Court of California
County of San Bernardino
Probate Department
Probate Notes for Calendar Date: 2/17/16
The notes on the following pages were updated approximately three court days prior to the
hearing to reflect newly-filed documents. Documents filed now after that update typically
will not be reviewed except on the date of hearing at the judge’s discretion.
Destruction of Filed Documents:
Shredding/destruction of all court documents filed and imaged before January 2011 will
begin soon. All filed/imaged documents are shredded one year after filing pursuant to
court policy. Any filed original documents not retrieved timely will be permanently lost.
(Wills and codicils lodged into the will vault will not be affected.)
Contacting the Probate Examiners:
Probate Examiners’ email address: ProbateNotes@sb-court.org
Emails must have the case identification information and hearing time/date in the subject
line. No attachments will be opened. Probate Examiners can only respond to inquiries
regarding the meaning of comments in the notes. Please do not email to notify that
documents have been filed, to request a confirmation whether documents have been
received, or to request the clearing of notes. No legal or procedural advice may be given
by examiners in response to your email.
(sa 1/21; 2/10)
Superior Court of Calif, County of San Bernardino
Page: 1
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
GUARDIANSHIPS
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR PS1600012
CASE NAME: MASON AVILA
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
SARA ELISA GODINEZ
(GP )...PRO/PER
MASON AVILA
(MIN)...
GENERAL INFORMATION
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
maternal grandmother, minor: Mason (1)
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. Need notice of hearing and proof of personal service on mother and father.
2. Need notice of hearing and proof of mail service on maternal grandfather and
paternal grandparents or file due diligence declaration(s).
3. ~Proposed form order: 1/12/16
RECOMMENDATION:
Need notice, then Court’s discretion.
(sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 2
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR PS1600016
CASE NAME: ISAAC MENDOZA
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
LETICIA TAPIA SERRATO
(GP )...PRO/PER
ISAAC MENDOZA
(MIN)...
GENERAL INFORMATION
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
maternal grandmother, Isaac (5)
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. Petition indicates minor resides with mother and petitioner.
4. Proof of service filed 2/8/16 as to maternal grandfather.
2. Need notice of hearing and proof of personal service on mother.
5. Due Diligence declarations filed 2/8/16 as to father and paternal grandparents. JTD
3. ~Proposed form order: 1/13/16
RECOMMENDATION:
Need notice on mother, then Court’s discretion.
(sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 3
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR SS1000092
CASE NAME: IN MTR RE DARIUS A. ROBINSON ETAL
SEE ALSO 4
HEARING:
Hearing Re: FINAL ACCOUNT OF DEVIN
MYRNA ROBINSON
DARIUS A ROBINSON
DEVIN D. ROBINSON
COUNSEL:
(GP )...PRO/PER
(MIN)...
(MIN)...MELVIN L FRIEDLAND
GENERAL INFORMATION
Continued from 12/17/15 No appearance. Court suspends powers of guardian of
estate and orders guardian to be present at next hearing date of 2/17/16. Notice
mailed.
THIS CASE SET FOR HEARING ON Accounting review re Devin.
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:
1. Per minutes of 3/12/13, second accounting approved re Devin (now 18). Need
Order Approving the Second Account Current.
2. Need 3rd and Final accounting beginning with 10/14/12.
RECOMMENDATION
Inquire status. When an accounting is not filed as required, the court shall take action as
specified in Pr.C. § 2620.2.
(lc/sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 4
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR SS1000092
CASE NAME: IN MTR RE DARIUS A. ROBINSON ETAL
SEE ALSO 3
HEARING:
Hearing Re: FINAL DISCHARGE AS TO DARIUS
MYRNA ROBINSON
DARIUS A ROBINSON
DEVIN D. ROBINSON
COUNSEL:
(GP )...PRO/PER
(MIN)...
(MIN)...MELVIN L FRIEDLAND
GENERAL INFORMATION:
Continued from 12/17/15 No appearance. Court suspends powers of guardian of
estate and orders guardian to be present at next hearing date of 2/17/16. Notice
mailed.
THIS CASE SET FOR HEARING ON Final Discharge as to Darius.
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:
1. On 03/12/13, court accepted testimony in lieu of formal accounting. Court noted a
receipt from Darius had been filed that day; however, receipt is not in Laserfiche.
2. Minute order on 03/12/13 states that Myrna Robinson is discharged on the record
as to Darius Robinson. However, no Ex Parte Petition for Final Discharge and
Order was submitted.
RECOMMENDATION
Court’s discretion.
(lc/sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 5
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR SS1200228
CASE NAME: JORDAN ALLEN
HEARING:
Accounting Review
COUNSEL:
JEROME LEON ALLEN
(GP )...PRO/PER
JORDAN ALLEN
(MIN)...
GENERAL INFORMATION:
Continued from 12/17/15 No appearance. Court orders guardian of estate to be
present at next hearing date and have filed the second accounting and submitting
the proposed order on the 1st waiver of account prior 02/17/16. Notice mailed.
THIS CASE SET FOR HEARING ON Accounting review minor, 10.
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:
1. First waiver of account approved on 12/16/13. Need Order Approving the First
Waiver of Account Current.
2. Need Second account for the period beginning 10/15/13.
RECOMMENDATION
Inquire status.
(lc/sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 6
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR SS1500302
CASE NAME: FERNANDO E., NaKAYLA M. & JASMINE J. PEREZ
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
KEITH E. MORGAN
FERNANDO E. PEREZ
JASMINE J. PEREZ
NAKAYLA M. PEREZ
(GP )...PRO/PER
(MIN)...
(MIN)...
(MIN)...
GENERAL INFORMATION
Continued from 9/9/15 for notice.
Continued from 10/22/15 as petitioner is referred to Resource Center for assistance
in notice. Nothing new filed.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
maternal grandfather, minors: Fernando (13), NaKayla (11), Jasmine (7)
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. Due Diligence declaration filed 1/21/16 as to mother. JTD
2. Need notice of hearing and proof of personal service on father.
3. Need notice of hearing and proof of mail service on maternal grandmother and
paternal grandparents or file due diligence declaration(s).
4. ~Proposed form order: 7/28/15
RECOMMENDATION:
Need notice, then Court’s discretion.
(sa/cbr/sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 7
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR SS1500412
CASE NAME: Ruben Anthony Hernandez & Damien Ray Pedroza
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
VIRGINIA LOPEZ
DAMIEN RAY PEDROZA
RUBEN ANTHONY HERNANDEZ
(PET)...PRO/PER
(MIN)...
(MIN)...
GENERAL INFORMATION
Temporary orders denied on 09/30/15.
Continued from 11/12/15 for notices to mother, minors, paternal grandparents of Damien
and paternal grandmother of Ruben.
Continued from 12/16/15 Mr. Lehr requests a DNA test be performed. Petitioner is to
fully cooperate in having DNA test performed. Court finds DNA test and service to
mother are the only things needed prior to granting guardianship.
THIS CASE SET FOR HEARING ON Petition for Guardianship person only by maternal
grandmother, minors Ruben 14 and Damien 12
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:
1. Petitioner is nominee by father of Damien. However, did not waive notice.
2. Emilio Pedroza (father of Damien) present in courtroom on 11/12/15 and consented
to guardianship.
3. Jose Lehr and both minors deemed served by their appearances on 12/16/15.
4. Proof of mail service filed 10/1/15 and 12/1/15; however, personal service is
required. Need proper service as to mother.
5. Maternal grandmother and Ruben’s paternal grandfather are deceased.
6. Due diligence declaration filed 12/9/15 as to paternal grandparents of Damien and
paternal grandmother of Ruben. JTD
7. Need DNA results.
8. ~Proposed Form Order: 09/25/15.
RECOMMENDATION
Need to clear notes 4 & 7, then Court’s discretion.
(lc/sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 8
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: SG SS05212
CASE NAME: MTR RE DANIELLE M VASQUEZ ET AL
HEARING:
Hearing Re: FINAL ACCOUNTING
COUNSEL:
DIONE NAVARRO
DIONE NAVARRO
DIONE NAVARRO
GONZALO NAVARRO
GONZALO NAVARRO
GONZALO NAVARRO
LEROY VASQUEZ JR
DANIELLE M VASQUEZ
(GPE)...E. JOAN NELMS
(GPE)...JACK B OSBORN
(PET)...MARK J. FLORY
(GPE)...E. JOAN NELMS
(GPE)...JACK B OSBORN
(PET)...MARK J. FLORY
(MIN)...
(MIN)...
GENERAL INFORMATION:
Continued from 12/17/14, 2/4/15, 4/8/15, 6/17/15 and 8/19/15.
Continued from 9/30/15 for accounting to be filed. Hearing on Final Discharge will be set at
next hearing.
Continued from 12/16/15 as final accounting as to Leroy will be filed.
Nothing new filed since 10/24/14.
THIS CASE IS SET FOR HEARING ON Final Accounting
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;
1. On 10/24/14 court approved the 4th Current Account as to minor LeRoy and Final
Account as to minor Danielle. Minors: LeRoy (now 19) and Danielle (now 21).
a. Need Final Discharge as to Danielle
2. On 12/17/14 Court waived a final accounting as to LeRoy as funds were held in a
blocked account.
a. Need Order Settling Waiver of Final Account as to LeRoy.
RECOMMENDATION:
Inquire status. When an accounting is not filed as required, the court shall take action as
specified in Pr.C. § 2620.2.
(sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 9
San Bernardino Superior Court
CIVPRO
San Bernardino District
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR SS1500286
CASE NAME: MTR OF LAUREN KAYLA ET AL
HEARING:
Hearing Re: BOND REVIEW (AS TO BOTH BONDS OF $110,000.00)
COUNSEL:
SHAWN R MC CLAIN
LAUREN KAYLA MC CLAIN
AMBER MEGAN MC CLAIN
(PET)...RODRIGO LAW FIRM
(MIN)...
(MIN)...
VACATED
– Proof of bond filed.
Future hearing dates:
08/24/16 Hearing Re: INVENTORY & APPRAISAL
03/29/17 Hearing Re: ACCOUNTING AS TO LAUREN MC CLAIN
03/29/17 Hearing Re: ACCOUNTING AS TO AMBER MC CLAIN
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 10
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: CYNTHIA LUDVIGSEN
---------------------------------------------------------------------DATE: 02/17/16
TIME: 1:30
DEPT: S36G
---------------------------------------------------------------------CASE#: GAR SS1400076
CASE NAME: WYATT JAMES VOLPE
VACATED
HEARING:
Hearing Re: COURT TRIAL (SECOND DAY)
COUNSEL:
DANILO VOLPE
MINA VOLPE
WYATT JAMES VOLPE
GAIL COURTNEY
JOHN COURTNEY
CHAD COURTNEY
(GP )...SWANSON & RUEGG
(GP )...SWANSON & RUEGG
(MIN)...
(PET)...DONNA
(PET)...DONNA
(FAT)...DONNA
XREF: FAMRS1302989
Future hearing dates:
02/23/16 Hearing Re: TRIAL SETTING CONFERENCE/STATUS OF 730 SELECTION
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 1
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
GUARDIANSHIPS
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR PS1600018
CASE NAME: ELLIEMAY LOUISE & MARK DAVID ANDERSON
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
TERESA SAUL
ELLIEMAY LOUISE ANDERSON
MARK DAVID ANDERSON
(GP )...PRO/PER
(MIN)...
(MIN)...
GENERAL INFORMATION:
Temporary orders granted 1/25/16.
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by
maternal grandmother, minors: Elliemay (3), Mark (1)
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. UCCJEA indicates minors are currently living with mother; however, the Child
Information Attachment shows minor residing at petitioner’s address. Court to
clarify.
2. Court to review attached letters by pediatric physician [Petition LF p.6-7].
3. Child Information Attachment Section 8 re Indian ancestry is inconclusive; however,
it appears petitioner may have misunderstood the form question as she states she
was unable to reach mother. Court to clarify if minors have Indian ancestry.
4. Need Consent to act (form GC-211).
5. Need notice of hearing and proof of personal service on mother and father#1 (of
Elliemay) and father#2 (of Mark).
6. Maternal grandfather is deceased.
7. Need notice of hearing and proof of mail service on both sets of paternal
grandparents or file due diligence declaration(s).
RECOMMENDATION:
Need to clear notes, then Court’s discretion.
(sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 2
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR RS1100081
CASE NAME: ANISTYN JUSTINE APPLEGATE
HEARING:
Petition for /to MODIFY VISITATION ORDERS
COUNSEL:
PETRINA JO REUTGEN
RAYLEEN APPLEGATE
ANISTYN JUSTIN APPLEGATE
ARTHUR LEE OLSEN
(PET)...PRO/PER
(PET)...PRO/PER
(MIN)...
(OBJ)...PRO/PER
XREF: ADORS1100055
No notes – Visitation. Judge to decide.
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 3
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR SS1400469
CASE NAME: Juan Manuel Luna
HEARING:
Hearing re: Petition for Termination of Guardianship
COUNSEL:
SERGIO M. DUARTE
MARIA TERESA DUARTE
JUAN MANUEL LUNA
CRYSTAL LUNA
(PG )...PRO/PER
(PET)...PRO/PER
(MIN)...
(MOT)...PRO/PER
GENERAL INFORMATION
THIS CASE IS SET FOR HEARING ON Petition for Termination of Guardianship, by
mother, minor now 10
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED
1. Maternal aunt and uncle, Maria & Sergio Duarte, were appointed guardians, person
only, on 2/10/15.
2. Petition is not signed or dated. Need an Amended Petition or verified supplement.
3. Petitioner/mother requests termination of guardianship.
4. Section 9 re relatives is incomplete. Need complete list.
5. Court previously dispensed with notice as no father is listed on minor’s birth
certificate (copy attached to 10/21/14 petition). Does Court wish to require Due
Diligence declarations as to father and paternal grandparents? JTD
6. Proof of service filed 2/1/16 as to guardian Sergio Duarte.
a. However, Items 2 and 3 re service are incomplete.
b. Service also as to Teresa Duarte. Question if this is one in the same as coguardian, Maria Teresa Duarte.
c. Need proper proof of service.
7. Need notice of hearing and proof of mail service on maternal grandparents or file
due diligence declaration(s).
RECOMMENDATION:
Need to clear notes.
(sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 4
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR SS1500479
CASE NAME: ELIJAH BENJAMIN ROBLES
HEARING:
Hearing Re: OSC re DISMISSAL for FTA/FAILURE TO SERVE
COUNSEL:
MARIA MONTANEZ
(GP )...PRO/PER
ELIJAH BENJAMIN ROBLES
(MIN)...
GENERAL INFORMATION:
Ex parte orders denied 11/18/15. Child is in petitioner's care with consent of mother.
On 12/22/15 Court set OSC re Dismissal as there was no appearance. Parties
advised that an FTA may result in a dismissal. Notice mailed. Nothing new filed.
THIS CASE IS SET FOR HEARING ON OSC re Dismissal for FTA and failure to serve
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTEDThe following notes are continued re Petition for Guardianship, person only, by
maternal step-aunt, minor 9
1. Declaration under Uniform Child Custody Jurisdiction and Enforcement Act
(UCCJEA) indicates minor has been in California since 07/11/15. Court may not
have jurisdiction under Ca. Fam. Code §3424 for 6 months. However, court has
temporary jurisdiction under Pr. C. § 2202 and 2352(a).
2. UCCJEA incomplete as to the minor’s residence for last 5 years. Need verified
supplement
3. Need Notice of Hearing and proof of personal service on mother and father.
Alternatively, as mother lives outside of California, service may be completed by
certified mail. Need signed return receipt as proof of service
4. Need notice of hearing and proof of mail service on sibling (Clarissa age 12),
maternal grandparents and paternal grandparents or file due diligence
declaration(s).
5. ~Proposed Form Order/Letters 11/10/15.
RECOMMENDATION:
Re OSC: Court’s discretion.
Re petition: Need to clear notes.
(nb/sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 5
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR SS1500567
CASE NAME: JULIAN SOSA JIMENEZ
SEE ALSO 6, 7
HEARING:
Motion Re: order re: eligibility for special immigrant status by JULIAN SOSA JIMENEZ
COUNSEL:
FLORENCE CRITTENTON SRVCS OF O (GP )...PRO/PER
JULIAN SOSA JIMENEZ
(MIN)...
JULIAN SOSA JIMENEZ
(PET)...IMMIGRANT DEFENDERS
GENERAL INFORMATION
THIS CASE IS SET FOR HEARING ON Request for findings re: special immigrant juvenile
status (minor is 17 and will attain 18 on 5/24/16)
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. Petitioner, Julian Jimenez, a minor, requests that the court issue an order finding that
minor is eligible for special immigrant juvenile status under the Special Immigrant
Juvenile Status Statute (SIJS), 8 U.S.C., § 1101(a)(27)(J), which provides in relevant
part as follows:
a. “The term ‘special immigrant’ means … an immigrant who is present in the U.S.i. who has been declared dependent on a juvenile court located in the United
States or whom such a court has legally committed to, or placed under the
custody of, an agency or department of a State, or an individual or entity
appointed by a State or juvenile court located in the United States, and whose
reunification with 1 or both of the immigrant's parents is not viable due to abuse,
neglect, abandonment, or a similar basis found under State law;
ii. for whom it has been determined in administrative or judicial proceedings that it
would not be in the alien's best interest to be returned to the alien's or parent's
previous country of nationality or country of last habitual residence; and
iii. in whose case the Secretary of Homeland Security consents to the grant of
special immigrant juvenile status…”
2. The specific findings required under the statutory scheme would be: (1) that petitioner
is an immigrant placed under the custody of an individual appointed by a state court
(probate guardianship); (2) that petitioner’s reunification with one or both parents is
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
3.
4.
5.
6.
7.
not viable due to abandonment; and (3) it is not in the petitioner’s best interest to be
returned to his/her home country.
Once the above findings are made, petitioner may then begin the process with the
Bureau of Citizenship and Immigration Services to obtain legal permanent residence
status. In other words, the findings requested are a prerequisite to filing a petition for
a “green card.”
State Superior Courts have jurisdiction to make factual findings of eligibility under
SIJS See N.O. v. Super. Ct. of Calif., County of Alameda, No. A122430 at 2-3 (Cal.
Ct. App. 9/25/08). Thus, under the federal legislation, any superior court judge would
have jurisdiction to hear the SIJS petition
Petitioner offers a declaration in support of the requested findings stating, inter alia,
the following:
a. Minor was born on 5/24/98, in Guatemala and lived there with minor’s parents
until July 2015.
b. Minor was not abused and neglected by minor’s parents (see documents for
specifics).
c. Minor does not believe he/she can return to minor’s parents.
Minor will be 18 yrs old in 5/24/16. The underlying guardianship petition will become
moot if not granted by that time. If guardianship is not granted then minor is not
eligible for a finding of SIJS status.
Per the statutory scheme, this petition is to proceed only if guardianship of the minor
is granted pursuant to the accompanying petition.
RECOMMENDATION
COURT TO REACH ONLY IF ACCOMPANYING GUARDIANSHIP PETITION IS FIRST
GRANTED. Court’s discretion re factual findings that would support this petition.
(sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 6
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR SS1500567
CASE NAME: JULIAN SOSA JIMENEZ
SEE ALSO 5, 7
HEARING:
Hearing re: Petition for Appointment of Guardian
COUNSEL:
FLORENCE CRITTENTON SRVCS OF O (GP )...PRO/PER
JULIAN SOSA JIMENEZ
(MIN)...
JULIAN SOSA JIMENEZ
(PET)...IMMIGRANT DEFENDERS
GENERAL INFORMATION
THIS CASE IS SET FOR HEARING ON Petition for Guardianship, person only, by minor
to appoint Florence Crittenton Services of Orange County, Inc., minor: Julian (17)
THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED1. Paternal grandparents and maternal grandfather are deceased.
2. Need notice of hearing and proof of personal service on mother and father.
3. Need notice of hearing and proof of mail service on caregivers (Mary Luz and Pedro
Acevedo), maternal grandmother and siblings 12 or older or file due diligence
declaration(s).
4. No proposed order submitted with the pleadings; submit order after hearing.
RECOMMENDATION:
Need notice, then Court’s discretion.
(sa)
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 7
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
---------------------------------------------------------------------DATE: 02/17/16
TIME: 11:00
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR SS1500567
CASE NAME: JULIAN SOSA JIMENEZ
SEE ALSO 5, 6
HEARING:
Petition for approval & factual findings to permit minor petitioner's application etc
COUNSEL:
FLORENCE CRITTENTON SRVCS OF O (GP )...PRO/PER
JULIAN SOSA JIMENEZ
(MIN)...
JULIAN SOSA JIMENEZ
(PET)...IMMIGRANT DEFENDERS
See notes on previous page (matter #5).
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 8
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
---------------------------------------------------------------------DATE: 02/17/16
TIME: 1:30
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR SS1300005
CASE NAME: MTR OF EDNA,CHRISTINE, AND ILEEN GARCIA
SEE ALSO 9
HEARING:
Hearing Re: Court Trial on Visitation and Termination
COUNSEL:
ELIZABETH MARTINEZ
GABRIELA G CASTILLO
ILEEN A GARCIA
CHRISTINE GARCIA
EDNA M GARCIA
KEVIN J FLORES
KITTDEE L BELL
ALFREDO GARCIA SANCHEZ
(PET)...PRO/PER
(GP )...PRO/PER
(MIN)...
(MIN)...
(MIN)...
(PET)...PRO/PER
(PET)...PRO/PER
(FAT)...PRO/PER
XREF: FAMSS1302832
No notes – Judge to decide.
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.
Superior Court of Calif, County of San Bernardino
Page: 9
CIVPRO
San Bernardino District - Probate
PROBATE/CONSERVATORSHIP CALENDAR
HONORABLE: KYLE BRODIE
---------------------------------------------------------------------DATE: 02/17/16
TIME: 1:30
DEPT: S37G
---------------------------------------------------------------------CASE#: GAR SS1300005
CASE NAME: MTR OF EDNA,CHRISTINE, AND ILEEN GARCIA
SEE ALSO 8
HEARING:
Petition for VISITATION
COUNSEL:
ELIZABETH MARTINEZ
GABRIELA G CASTILLO
ILEEN A GARCIA
CHRISTINE GARCIA
EDNA M GARCIA
KEVIN J FLORES
KITTDEE L BELL
ALFREDO GARCIA SANCHEZ
(PET)...PRO/PER
(GP )...PRO/PER
(MIN)...
(MIN)...
(MIN)...
(PET)...PRO/PER
(PET)...PRO/PER
(FAT)...PRO/PER
XREF: FAMSS1302832
No notes – Visitation. Judge to decide.
Revised second check notes post two court days prior to the hearing. Documents filed at least seven days prior to the hearing will be
included while later documents may be delivered to the courtroom for consideration at the judge’s discretion. ♦ Examiners can be contacted at
ProbateNotes@sb-court.org for clarification of the notes only - no legal or procedural advice will be given.