Motion To Set Aside Void Small Claims Judgments
34-2021-00309961-PR-LA-FRC: In the matter of Alan K Buchecker 09/17/2025 Hearing on Motion - Other Motion To Set Aside in Department 129
Tentative Ruling
MOTION TO SET ASIDE VOID SMALL CLAIMS JUDGMENTS MOTION FILED: 5/22/2025 RE: In the Matter of the Estate of: Alan K Buchecker MOVING PARTY: Mylien Nguyen Buchecker
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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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.
34-2021-00309961-PR-LA-FRC: In the matter of Alan K Buchecker 09/17/2025 Hearing on Motion - Other Motion To Set Aside in Department 129
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 Mylien Nguyen Buchecker (Movant) seeks to set aside two small claims judgements, in cases SC-123456 and SC-123457, under Code of Civil Procedure section 473(d). The Court reminds Movant that her previous motion to set aside a small claims judgment was denied on May 21, 2025.
A judgment in small claims court may be vacated in some circumstances by filing a motion to vacate with the clerk of the small claims court. (Code Civ. Proc., § 116.720 [emphasis added].) Movant has filed this Motion with the probate court.
Movant provides no basis establishing this probate Courts jurisdiction over the Motion in light of Code of Civil Procedure § 116.720. Because the Court cannot determine the precise legal grounds upon which Movant asserts this probate court has jurisdiction over the small claims cases, the Court declines to grant relief.
Additionally, the Motion was filed on May 22, 2025, over one year after the small claims judgment was entered on April 25, 2024. Because the application for relief under section 116.720, subdivision (a) shall be filed within 30 days after the clerk has mailed notice of entry of judgment to the parties, relief under section 116.720 is time-barred even if this Court had jurisdiction. The Motion 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.)