Motion to Vacate Void Order [CCP § 473(d)]; Notice of Judicial Error
24PR003459: CONSERVATORSHIP OF: FRANK TERRELL 02/18/2026 Hearing on Motion - Other to Vacate Void Order (CCP 473(D)) in Department 129
Tentative Ruling
MOTION TO VACATE VOID ORDER [CCP § 473(d)]; NOTICE OF JUDICIAL ERROR
MOTION FILED: 1/13/2026
RE: In the matter of the Conservatorship of Frank Terrell
MOVING PARTY: Danyele Terrell In Pro Per
RESPONDING PARTY: Sammie Curry, Temporary Conservator Attorney: Shawn Ervin, (916) 273-4902
NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the courts website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.
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24PR003459: CONSERVATORSHIP OF: FRANK TERRELL 02/18/2026 Hearing on Motion - Other to Vacate Void Order (CCP 473(D)) 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 Courts 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 Reporters Office and an official reporter will be provided.
TENTATIVE RULING Movant Danyele Terrell seeks to vacate an order issued 5/21/2025 on the grounds that it is void. (Code Civ. Proc., § 473(d).) The motion is DENIED as follows.
The Court may set aside any void judgment or order under Code of Civil Procedure section 473(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.) Here, Movants sole basis to vacate the allegedly void order is that no petition for temporary conservatorship was filed prior to the issuance of the order. No other factual basis was provided. Movant indicates that the lack of a filed petition rendered this Court without subject matter jurisdiction, and that the lack of a petition violated the conservatees due process rights.
In opposition, Sammie Curry, Temporary Conservator, indicates that Movant misconstrues Probate Code § 2250. The statute, in relevant part, reads:
(a) On or after the filing of a petition for appointment of a guardian or conservator, any person entitled to petition for appointment of the guardian or conservator may file a petition for appointment of: (1) A temporary guardian of the person or estate, or both. (2) A temporary conservator of the person or estate, or both.
Temporary Conservator correctly points out that a petition for temporary conservatorship is not an express requirement under Movants legal theory. Contrary to Movants position, jurisdiction was established when the petitions for appointment were filed on November 22, 2024 and November 25, 2024.
Further, Temporary Conservator indicates the order expired in August 2025, rendering the motion moot. Indeed, a review of this Courts records indicates the May 21, 2025 order granting
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24PR003459: CONSERVATORSHIP OF: FRANK TERRELL 02/18/2026 Hearing on Motion - Other to Vacate Void Order (CCP 473(D)) in Department 129
a temporary conservatorship supports the Temporary Conservators position. (Minute Order, May 21, 2025 [The court finds good cause to appoint Sammie Curry as the temporary conservator of the person of Frank Terrell. Letters shall issue and expire on 08/06/2025. (Emphasis added)].)
Thus, the motion to vacate is DENIED.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)