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22CECG00003·fresno·Probate·Civil
Hearing 20 days agoTake the matter off calendar

O’Neil v. Warren

By Plaintiffs to Set Aside February 10, 2026 Order

Hearing date
Aug 4, 2026
Department
503
Prevailing
N/A
Appearance
Not required

Motion type

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Parties

PlaintiffO’Neil
DefendantWarren

Ruling

(37) Tentative Ruling

Re: O’Neil v. Warren Superior Court Case No. 22CECG00003

Hearing Date: August 4, 2026 (Dept. 503)

Motion: By Plaintiffs to Set Aside February 10, 2026 Order

Tentative Ruling:

To take the matter off calendar. (Code Civ. Proc., § 581.)

Explanation:

Plaintiffs seek an order setting aside the court’s February 10, 2026 order. On February 10, 2026 the court issued a minute order taking plaintiffs’ motion to cancel a deed off calendar. Notably, the February 10, 2026 order was not a dismissal of the matter.

In fact the entire action was dismissed, without prejudice, on January 29, 2026 when the parties failed to appear following the issuance of an Order to Show Cause on September 17, 2025. As this matter has been dismissed and plaintiffs have not sought or obtained an order setting aside the dismissal on January 29, 2026, the court lacks jurisdiction to hear this motion. Additionally, plaintiffs do not address their failure to appear at the Order to Show Cause hearing heard January 29, 2026.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: JS on 7/31/2026. (Judge’s initials) (Date)

5

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