October 24, 2021

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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: October 25, 2021

 


 

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

 

FL-21-000664 – RAMIREZMARTINEZ VS CASARESRIVAS

 

Respondent’s Request for Order re Child Support, etc.—DENIED, without prejudice.

 

Respondent’s order request was filed on September 7, 2021, but Respondent’s proof of service was not filed until October 12, 2021, and this document asserts mail service of Petitioner through counsel of record on the same date.  No order shortening time for notice or service was requested or granted. 

 

Consequently, notice and service are inadequate.  (Code Civ. Proc., § 1005(b) [all moving papers shall be served and filed at least 16 court days before the hearing, increased by 5 calendar days for in-state mail service]; Cal. Rules of Ct., rules 3.1300(a), rule 5.92(d)(2).) 

 

Furthermore, characterization and valuation of the subject real property has yet to occur and Respondent did not comply with the procedural requirements to obtain bifurcation and early trial of these assets.  (Cal. Rules of Ct., rule 5.390(a).)  The same is true of Respondent’s pension plan division request.  No basis is provided for the Court to adjudicate the marital estate in a piecemeal fashion like this.

 

Accordingly, unless Petitioner and his counsel appear, waive service, and stipulate to one or more of the support or property requests, a new hearing date and motion will need to be filed if Respondent wishes to proceed with these order requests.

 


 

The following are the tentative ruling cases calendared before Judge J. Richard Distaso in Department #13: 

 

THERE ARE NO TENTATIVES.

 


 

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

 

THERE ARE NO TENTATIVES.

 


 

The following are the tentative ruling cases calendared before Judge Marcus L. Mumford in Department #25:

 

THERE ARE NO TENTATIVES.

 


 

Last updated: October 22, 2021 1:50 PM