Jul 07, 2015

TENTATIVE RULINGS – FAMILY LAW Dept. 21

LAW & MOTION CALENDAR

FRIDAY, June19, 2015 at 9:30 A.M.
COURTROOM #21 – Robert S. Boyd
(3055 Cleveland Avenue, Santa Rosa, CA)

Tentative Rulings

The following Tentative Rulings will become the ruling of the Court unless a party desires to be heard. If you desire to appear and present oral argument as to any motion, it will be necessary for you to contact the Judicial Assistant by telephone at (707) 521-6732 by 4:00 p.m. on June 18, 2015. Any party requesting an appearance must notify all other opposing parties of their intent to appear.            
 

   


1.     SFL 60758, Bortel/Penza:

 

Appearances required.

 

This unopposed motion is granted.

 

Petitioner’s counsel is ordered to prepare an order confirming this Court’s decision including an order appointing attorney Greg Jilka a discovery referee pursuant to CCP §639, utilizing Judicial Council form ADR-110 (Rev. July1, 2011). Although appointed currently, Mr. Jilka will not be required to perform any service as the discovery referee unless a party in the action initiates any further discovery. All costs incurred by Mr. Jilka will be equally shared by both parties.

 

Petitioner is further awarded sanctions pursuant to Family Law §271. The Court finds that Respondent’s action by filing Notice of Deposition unnecessarily increased the cost of this litigation. The Court finds that the noticing of this deposition serves no purpose other than to cause Petitioner annoyance and embarrassment. Petitioner is awarded a sanction consisting of the costs Petitioner incurred: Filing this motion and appearance at the hearing.

 

The Court further specifically finds that the information sought by the Notice of Deposition is not relevant to any current notice or issue as there are no currently scheduled hearings. Moreover, Petitioner never waived any therapist-client privilege existing between the Petitioner and the therapist noticed for the deposition.

 

2.     SFL 63969, Vigil/Reyes:

 

This unopposed motion is granted. Preliminary declarations of disclosure to be filed within 20 days. Petitioner is awarded sanctions pursuant to Family Code §2107(c) of $1,000, payable within 30 days.

 

Petitioner’s counsel to file an order consistent with this order.

 

3.     68577, Phillips-English/English:

 

This unopposed motion is granted. Counsel James Sansone is hereby relieved as counsel for Respondent and shall file and serve an order consistent with this order.

 

4.     SFL 68955, Dominguez disso:

 

This unopposed motion is granted. The Amended Request to Enter Default and Default Judgment are set aside.

 

Respondent is awarded spousal support in the amount of $404 per month, one-half paid by the 5th of the month, one-half paid by the 20th, such payments to begin 4/15/15. Respondent to calculate the arrearages and include in the order Respondent is ordered to file confirming this order.

  

 

 

 

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