Motion to Vacate Order; Motion to Dismiss Petition
25PR003433: GUARDIANSHIP OF: MIA "ARLO" REYES 02/18/2026 Hearing on Motion - Other Motion to Vacate Order in Department 129
Tentative Ruling
NOTICE OF MOTION AND MOTION TO VACATE VOID ORDER APPOINTING TEMPORARY GUARDIAN AND TO DISMISS PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF MARCETA CULVER AND DAVID CULVER
MOTION FILED: 1/16/2026
RE: In the Matter of the Guardianship of: Mia Arlo Reyes, minor (legal name Mia Louise Reyes), 25PR003433
MOVING PARTIES: Marceta Culver and David Culver In Pro Per
RESPONDING PARTY: NA
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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25PR003433: GUARDIANSHIP OF: MIA "ARLO" REYES 02/18/2026 Hearing on Motion - Other Motion to Vacate Order in Department 129
Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.
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 Movants Marceta Culver and David Culvers (Movants) motion to vacate order is DROPPED as follows.
Movants seek to vacate an order of this court and to dismiss a petition for guardianship on the grounds that the order and petition are in conflict with existing legal and physical custody orders existing in a family law matter.
Movants notice of motion (filed 1/16/2026) does not provide full notice of the Court's tentative ruling system, as required by Local Rule 1.06. No proof of service of this motion appears in the Courts records indicating Respondent served the 1/16/2026 notice of motion and motion pursuant to Code of Civil Procedure § 1005. Movants subsequently filed an amended notice and proof of service on February 9, 2026.
The proof of service filed on February 9, 2026 indicates that the parties were served with the instant motion by electronic (email) service on January 26, 2026. Email service on January 26, 2026 for a hearing on February 18, 2026 does not provide 16 court days plus 2 court days notice as required by statute. (See Code Civ. Proc. §§1005(b) & 1010.6(a)(3)(B).) Defective service of notice deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
The Court notes that Defendant filed an Amended Notice of Motion and Motion to Vacate Void Order Appointing Temporary Guardian and to Dismiss Petition for Appointment of Guardian of the Person on February 9, 2026, which sets the motion for May 20, 2026, and appears to seek relief that is identical to the motion originally calendar for the current date. While the amended notice appears to cure the defect under Local Rule 1.06, the Court construes the amended notice of motion as superseding the original notice of motion. To the extent Movants maintain their motion for May 20, 2026, that hearing shall be addressed in due course.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25PR003433: GUARDIANSHIP OF: MIA "ARLO" REYES 02/18/2026 Hearing on Motion - Other Motion to Vacate Order in Department 129
Movants motion, as noticed for February 18, 2026, by way of the Notice of Motion and Motion to Vacate filed on January 16, 2026, is DROPPED.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)