November 20, 2019

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Family Law Tentative Ruling Announcements
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Please note that the family court issues tentative ruling announcements on the court day prior to the scheduled hearing for specific types of motions. Tentative rulings are only provided on the Internet and posted in the clerk’s office lobby. Internet postings occur at 1:30pm daily at www.stanct.org.

Parties are not required to give notice of intent to appear to preserve the right to a hearing. The tentative ruling will not become final until the hearing. (Stan. Cnty. Local Rules, rule 7.05.1) However, as a courtesy to the Court, and other parties or counsel with matters on calendar, notice of intended appearance or non-appearance is encouraged and may be sent by e-mail to the following address: familylaw.tentatives@stanct.org between the hours of 1:30 P.M. and 4:00 P.M. If you do not receive a confirmation e-mail from the clerk, you may call to speak directly with a Calendar Clerk at 209-530-3107.

Any party filing pleadings or documents on a tentative ruling matter within five (5) days of the hearing should provide a courtesy copy to the Courtroom Clerk and the Court’s Family Law Research Attorney by placing a copy in the drop box slot on the door of Room 223, Second Floor of the main Courthouse. Failure to do so may prevent the Court from consideration of such, may result in a continuance, and/or may be considered in the award of conduct-based fees and costs. (Stan. Cnty. Local Rules, rule 7.05.1(B).)

All parties and counsel are required to meet and confer in a good faith effort to resolve the dispute on any request, motion or hearing, with the exception of those involving domestic violence, and to exchange any documents upon which reliance will be made at the hearing. (Cal. Rules of Ct., rule 5.98; Stan. Cnty. Local Rules, rule 7.05.1(C).) Failure to do so may result in a continuance and may be considered in the award of conduct-based fees and costs, or both. If sufficient information regarding an adequate pre-hearing meet and confer effort is not provided in the moving and opposing papers, in the Court’s discretion, the matter may be placed at the end of the calendar and not called until the parties or counsel advise the Court that they have complied with their obligations and/or resolved the matter.

Date: November 20, 2019                             


The following are the tentative ruling cases calendared before Judge Alan Cassidy in Department #11:

THERE ARE NO TENTATIVES.


The following are the tentative ruling cases calendared before Judge Valli K. Israels in Department #13:

THERE ARE NO TENTATIVES.


The following are the tentative ruling cases calendared before Judge Jack M. Jacobson in Department #14:

IRMO Burkett – FL-18-001593

HEARING REQUIRED.  The Court is inclined to GRANT the Petitioner’s request that it appoint the Clerk of the Court as elisor to sign the listing agreement for the parties’ community residence.  However, pursuant to Local Rule 7.05.02:  “A party who requests the appointment of an elisor must … submit a proposed order, which designates "The Clerk of the Court or Clerk’s Designee" as the elisor. The proposed order shall indicate for whom the elisor is being appointed and in what capacity the elisor is to sign the document. The proposed order must expressly identify the document the elisor must sign and a copy of the document must be attached to the proposed order. …”    The order appointing an elisor must be specific and must include a copy of the documents the Court is ordering signed so as to prevent confusion and provide notice to the Clerk of the Court regarding which document(s) the Court is ordering him (or her) to sign.   Counsel for Petitioner shall bring a prepared order complying with the Court’s Local Rule regarding the appointment of an elisor to the hearing.


The following are the tentative ruling cases calendared before Judge Kellee Westbrook in Department #25:

FL-19-001174 – DELATORRE VS CISNEROS

Respondent’s Request for Order re “Property Division,” etc.—HEARING REQUIRED, in part; DENIED, without prejudice, in part.

Spousal support is not eligible for tentative ruling and a hearing is required. (Local Rules, rule 7.05.1.) 

Regarding the property division request, Petitioner disputes Respondent’s characterization of the marital residence as community property.  Absent a stipulated agreement, or other statutory basis authorizing sale or division before trial, Respondent must seek an order to bifurcate the issue for early decision before the Court may entertain Respondent’s request. (Fam. Code § 2337; Cal. Rules of Ct., rule 5.390(a).) 

To do so, Respondent must also use the mandatory Judicial Council form attachment, which she has not done here. (FL-315 [Application or Response to Application for Separate Trial].)  Accordingly, Respondent’s property division request is denied without prejudice.

The Self-Help Center offers free help to people who are representing themselves in Court in a variety of legal matters.  Assistance is provided daily on a walk-in first-come, first-served basis.  Office Hours are Monday – Friday, 8:00 am – 12:00 pm, & 1:00 pm – 4:00 pm.  Location:  800 11th Street, Room 220, Modesto, California.