June 23, 2018

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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: June 25, 2018                                                                                                                           


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:

8007095 – CHAPA V. CHAPA

Petitioner’s Request for Order Re Termination of Marital Status – DENIED WITHOUT PREJUDICE

Local Rule 7.54 allows for bifurcated or status only judgments pursuant to the Family Code provisions.  Bifurcation for early status termination is authorized and even favored.  (Fam. C. §2337(a); Marriage of Fink (1976) 54 Cal.App.3d 357; Gionis v. Superior Court (1988) 202 Cal.App.3d 786, 788-790.)  However, bifurcation cannot occur without joinder of any retirement plans that need to be joined (Fam. Code, § 2337, subd. (d)(1)), and the parties disagree on whether petitioner’s plans must be joined. The court does not have enough information to determine whether petitioner’s retirement plan(s) need(s) to be joined.  In addition, petitioner failed to lodge a proposed order (FL-347) designating the applicable protective conditions as required by Cal. Rules of Ct., rule 5.390. Further proceedings are necessary to adjudicate petitioner’s request for bifurcation of marital status, and trial is currently set for four months from the hearing on the bifurcation request.  In the absence of an explanation from petitioner about why termination of marital status is necessary now instead of in conjunction with the already-scheduled trial (cf. Gionis, 202 Cal.App.3d at p. 789 & fn. 1 [describing contents of declaration requesting bifurcation for “extensive personal reasons”], the court denies petitioner’s request for termination of marital status without prejudice


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

 

THERE ARE NO TENTATIVES