Estate of Lelia Amanda Guerrero

24PR001541: ESTATE OF: LELIA AMANDA GUERRERO 04/15/2026 Hearing on Motion - Other to Vacate Order in Department 129

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING

APPEARANCE REQUIRED BY ALL PARTIES.

Petitioner and Movant Latrale Way’s (“Petitioner”) unopposed motion to vacate order is GRANTED as follows.

Background

Movant is the purported surviving spouse of Decedent Lelia Amanda Guerrero (“Decedent”). Petitioner and Decedent were married on March 20, 20215 and remained married until Decedent’s death. (Petitioner’s Declaration (“Pet. Decl.”), ¶ 1.) Petitioner asserts Administrator knew of Petitioner and Decedent’s marriage. (Id., at ¶ 3.)

Administrator’s Petition for Probate indicates Decedent was not survived by a spouse. (Petition for Probate, 5/28/2024, section 5a.(2)(a).) Administrator lists only herself as a person entitled to notice. (Id., section 8.)

This Court granted Administrator Nakaiya Guerrero’s (“Administrator”) petition for probate on November 18, 2024. Letters were issued on November 19, 2025. Petitioner indicates he was incarcerated at the time the petition was filed, was not given notice, and discovered the existence of this matter on October 29, 2025. (Memorandum of Points and Authorities, 3:6-9.)

Petitioner also indicates another surviving child, Crisanto Guerrero, was not listed as a person entitled to notice. The notice of petition filed on August 16, 2024 reflects only Comenity Bank was given notice.

Petitioner filed his petition for letters of administration on 4/1/2026.

Oppositions were due nine court days before the hearing. (Code Civ. Proc., § 1005(b).) Administrator did not file an opposition or response of any kind.

Discussion

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24PR001541: ESTATE OF: LELIA AMANDA GUERRERO 04/15/2026 Hearing on Motion - Other to Vacate Order in Department 129

Petitioner moves pursuant to Code of Civil Procedure, section 473, subd. (d). “To determine ‘whether an order [or judgment] is void for purposes of section 473, subdivision (d), courts distinguish between orders [or judgments] that are void on the face of the record and orders [or judgments] that appear valid on the face of the record but are shown to be invalid through consideration of extrinsic evidence.” (Braugh v. Dow (2023) 93 Cal.App.5th 76, 87.)

After reviewing the face of the court record, this Court finds that Petitioner was not given notice as required under Probate Code, section 1220, and the defective service of the notice left this Court without jurisdiction to act. Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.) The order issued November 18, 2024 must be vacated as void.

Further, Administrator failed to oppose the motion. The Court construes Plaintiff’s failure to oppose the motion as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].)

The motion to vacate the November 18, 2024 order is GRANTED.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)