Motion – Set aside/vacate
On June 30, 2026 the Defendant, through his Guardian ad Litem (“GAL”), filed a notice of appeal of the judgment in this case. Under Code of Civil Procedure section 916, the trial court is divested of subject matter jurisdiction over any matter “embraced in or affected by” the appeal during the pendency of that appeal. (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 196-197.) Thus, the Court lacks jurisdiction to hear the motion to vacate judgment and it is ordered off-calendar.
All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B) to contest the tentative decision. Parties who request oral argument are required to appear in person or remotely by ZOOM. Regardless of whether a party requests oral argument in accordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with the announced ruling as required by Marin County Superior Court Local Rules, Rule 2.11.
The Zoom appearance information for July, 2026 is as follows: https://marin-courts-ca-gov.zoomgov.com/j/1605267272?pwd=908CbP6TV2mhCAyai1nzo6lyz2dKaw.1 Meeting ID: 160 526 7272 Passcode: 026935
If you are unable to join by video, you may join by telephone by calling (669) 254-5252 and using the above-provided passcode. Zoom appearance information may also be found on the Court’s website: https://www.marin.courts.ca.gov
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