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Chapter 14: prior court approval is required for any action specified in Probate Code Section 3100, et seq. (Rule 4.89).
California > First Appellate District > San Mateo County > Superior Court of California, County of San Mateo
CHAPTER 14 TRANSACTIONS INVOLVING INCOMPETENT SPOUSE Rule 4.89 Prior Court Approval Is Required For Any Action Specified In Probate Code Section 3100, Et Seq. A. Petition: A clear factual showing of the information set forth in Sections 3121, 3122 and 3123 shall be included in each petition submitted. B. Notice: Notice shall be given as required by Sections 3130 and 3131. C. Appointment of Independent Counsel: Prior to the hearing on any petition for Court approval of a transaction involving an incompetent spouse, pursuant to Probate Code section 3100 et seq. independent counsel for the conservatee shall be appointed by the Court pursuant to Local Court Rule, Rule 4.100. Appointment of independent counsel shall be initiated by the petitioner(s) and shall be arranged through the Court Investigations Office of the Probate Division. Independent Counsel shall report to the court regarding the efficacy and propriety of the proposed transaction. D. Bond: Upon the granting of a petition approving a transaction involving an incompetent spouse, reasonable bond shall be required of the petitioner pursuant to Section 3150. E. Filing Procedures: All filings must consist of an original and two (2) copes. Signatures must be in blue ink. The clerk will retain the original and one (1) copy of all documents. (The clerk will deliver the copy to the Court Investigators). The second copy will be “endorsed filed” and will be returned to the filing party for his/her records. (Adopted, effective January 1, 2000; Amended, Effective July 1, 2004; Amended, effective July 1, 2009)
CHAPTER 14 TRANSACTIONS INVOLVING INCOMPETENT SPOUSE Rule 4.89 Prior Court Approval Is Required For Any Action Specified In Probate Code Section 3100, Et Seq. A. Petition: A clear factual showing of the information set forth in Sections 3121, 3122 and 3123 shall be included in each petition submitted. B. Notice: Notice shall be given as required by Sections 3130 and 3131. C. Appointment of Indepen
Reviewer note: Composed 2026-10-08 (California T4 San Mateo build 2026-10-08) from BenchPath custody ca/t4/ca-san-mateo/docs/local-rules/localrules.pdf (the court's rule book, “Local Court Rules As Amended Effective July 1, 2026”, as fetched 2026-10-08; 2288146 bytes, sha256 339b824c762c382bbe9451825137a370ed61c341ed5b7f53b448b46bb3dcca2b; 234 pages) with the shared verbatim composer (v2 reflow) over the Introduction and Divisions I to XI (PDF pages 33 to 210, each division's contents pages left out): each page's running header (“Superior Court of California, County of San Mateo”), its running label (the division's label, the page number and the page's revision date) and each division's “Return to Table of Contents” link box removed as chrome; lines reflowed into the rules' paragraphs; seven rule citations the reflow broke at a line end rejoined, the Court Schedule of Attorney Fees (Rule 6.1.1; a table printed without rules) set one printed row a line, and sixteen paragraph and heading breaks the reflow ran together set back - among them Division III's headings 3.8, 3.9 and 3.13, printed without the word “Rule” (24 whitespace-only fixes); Divisions II, IV and VI cut at their chapter headings, which reassemble them (Division II's Chapter 3 is “[RESERVED]”: its heading alone, no card); no struck character (the strike report); proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the table of contents, the filing instructions, the List of Currently Effective Rules, the divisions' contents pages, Attachment I (the local court forms list) and the index belong to no chapter.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.