R Scott Turicchi et al vs Randy Quaid et al

Case Number

19CV06268

Case Type

Hearing Date / Time

Mon, 09/08/2025 - 10:00

Nature of Proceedings

Motion: Vacate or Modify Judgment

Tentative Ruling

This is a motion by defendants Randy Quaid and Evgenia Quaid (the Quaids) to vacate, set aside, or modify the judgment entered and filed in this action on June 6, 2025 (the Judgment). The Quaids’ motion, which was filed on June 10, 2025, is made pursuant to Code of Civil Procedure section 663. Court records reflect that on June 9 and 30, 2025, the Quaids filed notices of appeal from the Judgment. “Under [Code of Civil Procedure] section 916, ‘the trial court is divested of’ subject matter jurisdiction over any matter embraced in or affected by the appeal during the pendency of that appeal. [Citation.] ‘The effect of the appeal is to remove the subject matter of the order from the jurisdiction of the lower court....’ [Citation; fn.] Thus, ‘that court is without power to proceed further as to any matter embraced therein until the appeal is determined.’ (… [S]ee also 2 Witkin, Cal. Procedure (4th ed. 1997) Jurisdiction, § 319, p. 893 [‘when the cause is taken over by a reviewing court on appeal or other proceeding in review, the trial court is divested of jurisdiction of the subject matter during the period of review, and has no power to vacate or modify the judgment or otherwise to deal with the cause’].) And any ‘proceedings taken after the notice of appeal was filed are a nullity.’ [Citations.] This is true even if the subsequent proceedings cure any purported defect in the judgment or order appealed from.” (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 196–198.) For all reasons discussed above, the court is without jurisdiction to vacate or modify the judgment or to proceed with the present motion. Therefore, the motion will be denied.