Ex Parte Application for Immediate Determination of Jurisdiction on Pending Motion to Vacate Void Order and for Interim Stay
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 25PR003433: GUARDIANSHIP OF: MIA "ARLO" REYES 06/03/2026 Ex Parte - Probate in Department 126
Tentative Ruling TENTATIVE RULING EX PARTE APPLICATION FOR IMMEDIATE DETERMINATION OF JURISDICTION ON PENDING MOTION TO VACATE VOID ORDER AND FOR INTERIM STAY
Filed: 2/9/2026
Re: Guardianship of Mia Arlo Reyes
Moving Parties: Marceta Culver and David Culver In Pro Per
Responding Party: Amy Flinn and Robert Flinn In Pro Per
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) 875-2526 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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Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 25PR003433: GUARDIANSHIP OF: MIA "ARLO" REYES 06/03/2026 Ex Parte - Probate in Department 126
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 and Objectors Marceta and David Culvers ex parte application for immediate determination of jurisdiction on pending motion to vacate void order and for interim stay is DROPPED as moot. The Court has ruled on Movants motion to vacate, heard concurrently with this motion.
Further, although the motions title seeks an interim stay, the notice of motion must state in the first paragraph exactly what relief is granted and on what grounds. (Code Civ. Proc., § 1010.) The Court generally cannot grant different relief, or relief based on different grounds, than specified in the notice of motion. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1125.) However, an error or omission in a notice may be overlooked if the supporting papers make clear the grounds for the relief sought. (Id.) The omission of legal authority and argument cannot be overlooked, as the notice does not provide the legal basis, nor do the supporting papers provide the legal basis or any argument in support of a stay. Thus, the Court construes the ex parte application as a request for immediate determination of jurisdiction on pending motion to vacate void order, which is DROPPED as moot.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)
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