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
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 25PR003433: GUARDIANSHIP OF: MIA "ARLO" REYES 06/03/2026 Ex Parte - Probate in Department 126
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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.)