Judge: Monica Bachner, Case: 22STCV15630, Date: 2022-12-05 Tentative Ruling

Case Number: 22STCV15630    Hearing Date: December 5, 2022    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Petitioner Michael Louis Oddenino’s unopposed motion for judgment on the pleadings as to his Petition for Declaratory Judgment is denied. The Court sets a hearing for an order to show cause for dismissal for failure to state a claim on ______.

          Petitioner Michael Louis Oddenino (“Oddenino”) (“Petitioner”) moves for judgment on the pleadings as to his Petition for Declaratory Judgment.  Petitioner moves on the grounds the petition is unopposed and the requested declaratory judgment is a pro forma matter necessary to comply with Italian government requirements in seeking dual U.S./Italian citizenship.  (Motion, pg. 1.) 

           Background

          Petitioner’s Petition for Declaratory Judgment arises from Petitioner’s eligibility for recognition of Italian citizenship through descent.  Petitioner states he is the direct descendent of his great-grandfather, an Italian immigrant who immigrated from Italy as an Italian citizen and was not a naturalized U.S. citizen at the time of Petitioner’s grandfather’s birth in the U.S.  (Petition, pg. 2, Exhs. N, Q.)  Petitioner states the Italian Republic will not recognize Petitioner’s Italian citizenship through descent unless Petitioner’s relationship to his immediate family and ancestors are clearly established and discrepancies within records due to clerical errors and/or lack of knowledge of informants relating to family members are addressed with a Judgment from this Court.  (Petition, pgs. 3-4.)

Petitioner, in pro per, filed his petition in the instant action on May 11, 2022. On August 12, 2022, Petitioner filed the instant motion for entry of declaratory judgment. As of the date of this hearing, Petitioner’s petition and motion are unopposed. 

Declaratory Judgment

Code of Civil Procedure section 1060 authorizes action for declaratory relief under a “written instrument” or “contract” or for a person “who desires a declaration of his or rights or duties with respect to another, or in respect to another.”  To qualify for declaratory relief, a party would have to demonstrate its action presented two essential elements: (1) a proper subject of declaratory relief, and (2) an actual controversy involving justiciable questions relating to the party’s rights or obligations.” (Jolley v. Chase Home Finance, LLC (2013) 213 Cal.App.4th 872, 909, quotation marks and brackets omitted.)

Petitioner fails to provide a legal basis to grant his petition.  Although Petitioner indicates that a memorandum of points and authorities is filed, none was filed.  Petitioner has failed to establish an actual controversy involving a justiciable question relating to the party’s rights or obligations.  (Jolley v. Chase Home Finance, LLC, 213 Cal.App.4th at pg. 909.)  Petitioner has not served this petition upon any party. Petitioner has failed to allege sufficient facts to constitute a cause of action for declaratory judgment confirming his identity, the identity of his ancestors and immediate family, confirming facts relating to himself, his ancestor, and immediate family, and confirming his relationship to the persons cited in his Petition, despite discrepancies regarding their names, dates of birth, and places of birth within the attached exhibits. 

          Based on the foregoing, Petitioner’s unopposed motion for judgment on the pleadings is denied.  The Court sets a hearing for an order to show cause for dismissal for failure to state a claim on ______.

Dated:  December ____, 2022

Hon. Monica Bachner

Judge of the Superior Court