California · Probate Code

PROB §1051: (a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be no ex parte communications between any party, or attorney f

Civil

What this law says, in plain English

This statute regulates ex parte communications in court proceedings, generally prohibiting private communications between parties and the court about pleaded issues unless permitted by law. Courts may take action on ex parte communications about fiduciaries or conservatorship subjects, with disclosure to all parties required unless necessary to protect the ward.

Read the full statutory text

(a) In the absence of a stipulation to the contrary between parties who have filed pleadings in a proceeding under this code, there shall be no ex parte communications between any party, or attorney for the party, and the court concerning a subject raised in those pleadings, except as permitted or required by law. (b) Notwithstanding subdivision (a), in any case upon which the court has exercised its jurisdiction, the court may refer to the court investigator or take other appropriate action in response to an ex parte communication regarding either or both of the following: (1) A fiduciary, as defined in Section 39, about the fiduciary’s performance of their duties and responsibilities. (2) A person who is the subject of a conservatorship or guardianship proceeding under Division 4 (commencing with Section 1400). (c) An action by the court pursuant to subdivision (b) shall be consistent with due process and the requirements of this code. The court shall disclose the ex parte communication to all parties and counsel. The court may, for good cause, dispense with the disclosure if necessary to protect the ward or conservatee from harm. (d) If the court imposes a penalty, including, but not limited to, a surcharge, punishment for contempt, suspension, or removal, on a professional fiduciary, the court shall report that action to the Professional Fiduciaries Bureau. If the court reports an action taken under this section, the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary contained in the court records. The bureau shall maintain the confidentiality of the information, as required by paragraph (4) of subdivision (a) of Section 6580 of the Business and Professions Code or any other applicable state or federal law. (e) A superior court shall not be required to perform any duties imposed by this section until the Legislature makes an appropriation identified for this purpose.

Verify at the official source: California legislative text

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