The judge who reviewed Paul Walker‘s mother’s petition seeking temporary guardianship of his 15-year-old daughter Meadow didn’t see why an immediate change was necessary and dismissed that part of the motion, according to documents released Wednesday.
“Why is temp guardianship needed? What is urgency?” Los Angeles Superior Court Commissioner David J. Cowan wrote in a minute order after attorneys made a brief appearance Thursday in the March 18 filing by Cheryl Ann Walker.
Cowan also pointed out that attorneys for Walker, 60, neglected to serve papers to Meadow or her mother, Rebecca Soteros. Additional paperwork was required to explain the need for a change in guardianship, he wrote.
Walker’s attorney, Bela Lugosi (son of the great Dracula star), told PEOPLE that he requested the dismissal of the temporary guardianship motion, although there is still a hearing scheduled for April 30 on Walker’s request for permanent guardianship.
He told PEOPLE outside the courtroom last week that the request was tied to efforts to resolve the matter outside court. Sources told PEOPLE that the family has privately reached a deal that allows Soteros to maintain guardianship after she attends rehab.
In her motion, Walker asked for temporary and permanent guardianship and complained that Soteros has a drinking problem. Soteros has DUIs from 2003 and 2013; she has an appearance scheduled for next month in the more recent case.
Family law expert Andrew Katzenstein tells PEOPLE that the judge’s denial of the motion for temporary guardianship does not apply to Walker’s petition for permanent guardianship, which could be discussed at a hearing set for April 30. He added that the judge’s denial of temporary guardianship was issued without prejudice, meaning Walker is free to file for temporary guardianship all over again with a more persuasive argument.
“When they deny without prejudice, it just means we’re not going to grant it today and you can come back another time,” Katzenstein explained. “It means there’s no reason to appoint you temporary guardian now. It has nothing to do with the petition for permanent guardianship.”
The papers are the latest in a flurry of legal activity in the wake of Paul Walker’s tragic death in a car crash last November. Walker willed to his daughter his entire estate, valued at up to $25 million.
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