Judge: Marcella O. Mclaughlin, Case: 37-2024-00007863-CU-PT-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Petitions - Other Hearing on Petition 37-2024-00007863-CU-PT-CTL PETITION OF LOWER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition - Other, 02/20/2024

The 'petition for declaratory relief' is DENIED.

Declaratory relief is available 'in cases of actual controversy relating to the legal rights and duties of the respective parties.' Code Civ. Proc. § 1060. 'A court may not grant declaratory relief in the absence of an actual controversy between adversarial parties.' Connerly v. Schwarzenegger (2007) 146 Cal.App.4th 739, 752. No such controversy exists here as petitioner is the only party to the lawsuit.

Moreover, petitioner cites no authority suggesting that this court can make pronouncements on questions of foreign citizenship. To the contrary, '[s]overeign nations control their own citizenship.' Lin v. United States (D.C. Cir. 2017) 690 Fed. Appx. 7, 9.* Accordingly, the court finds that the petition does not allege a dispute amenable to resolution through declaration.

The petition is hereby ordered dismissed. This ruling is dispositive of the entire action.

_______________________________ *''[T]he California Rules of Court do not prohibit citation to unpublished federal cases[.]'' Reynaud v. Technicolor Creative Services USA, Inc. (2020) 46 Cal.App.5th 1007, 1022, fn. 9 (quoting Airline Pilots Assn. Internat. v. United Airlines, Inc. (2014) 223 Cal.App.4th 706, 724, fn. 7).

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