February 20, 2019

Family Law Tentative Ruling Announcements

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: February 20, 2019                               

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


Respondent’s request for order (RFO) re removal of hold on case and permission to relocate out of state—APPEARANCE REQUIRED

This tentative ruling does not address respondent’s request for permission to move to Florida with the parties’ minor children, since orders regarding custody and visitation are not eligible for tentative ruling.  In response to respondent’s request to remove the March 16, 2018 hold that was placed on the petition for legal separation, the court finds respondent lacks standing to make this request.  Respondent has not filed a response to the petition for legal separation and therefore has not requested any orders regarding her marriage to petitioner.  The petition for domestic violence restraining order has not been stayed and all orders previously entered remain in full force and effect.  If respondent files a response requesting legal separation or dissolution, that request will also not be subject to the court’s March 16, 2018 order placing the petition for legal separation on hold.  Respondent is to appear at the hearing on the current RFO to discuss with the court her intentions regarding the petition for legal separation.

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 – Thursday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., and Fridays 1:00 pm to 4:00 pm.  Location:  800 11th Street, Room 220, Modesto, California.

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


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

439463 - BENAVIDES vs. SOTO

Third-Party’s Notice of Motion re Joinder—DENIED without prejudice

The February 7, 2019 proof of service is ineffective, as personally serving petitioner on February 1, 2019, fails to provide 16 court days’ notice.  In addition, the court finds no proof of service on respondent.  Denial is required on service grounds.  Should third-party prove valid service before the hearing, the court is inclined to order the parties to appear so the court can ascertain whether either petitioner or respondent objects to grandparental visitation, and so the court can begin the evidentiary process required by Family Code section 3104, subd. (a).  (Cal. Rules of Ct., rule 5.24(e) (1) (B); Stan. Cnty. Local Rules, rule 7.71.1(B)(3).)

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