Zuri K. Colbert vs. Michelle Callilos

Code of Civil Procedure section 473(b) provides that “[t]he court may, upon any terms as may be just, relieve a party ... from a judgment, dismissal, order or other proceeding ... taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” A motion for relief from judgment under this portion of the section lies within the sound discretion of the trial court. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.)

Plaintiffs claim their failure to timely oppose the demurrer was excusable because “the County structured conditions under which timely opposition was functionally impossible,” contending the County has somehow wrongfully used the demurrer process “to suppress the Plaintiffs[’] constitutional claims.” (Motion, 7:8-13.) The argument Plaintiffs are attempting to make here is unclear, but the County was entitled to demur to Plaintiffs’ pleading and this does not constitute mistake, inadvertence, surprise, or excusable neglect under section 473(b).

Indeed, in the three months the demurrer was pending, Plaintiffs filed repeated ex parte applications and miscellaneous motions, many of which concerned the pending demurrer, which evidences Plaintiffs’ clear knowledge of the existence of demurrer. Plaintiffs have not demonstrated or presented a well-reasoned argument explaining any basis for finding their failure to timely oppose the demurrer constitutes excusable neglect. Plaintiffs also contend that the County Defendants’ request for sanctions when opposing Plaintiffs’ numerous ex parte applications somehow inhibited them from timely opposing the demurrer.

This argument is rejected. To the extent Plaintiffs raise arguments regarding the merits of their action, the arguments are inapplicable to this motion.

Plaintiffs’ motion is DENIED.

The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.

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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2021-00301184-CU-CR-GDS: Zuri K. Colbert vs. Michelle Callilos (Head of DHHS/CPS County of Sacramento) 06/02/2026 Hearing on Motion to Vacate November 18, 2025 Order in Department 16C

link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

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