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TENTATIVE RULINGS – FAMILY LAW Dept. 21
LAW & MOTION CALENDAR
FRIDAY, JULY 15, 2016 at 9:30 A.M. COURTROOM #21 – Robert S. Boyd
(3055 Cleveland Avenue, Santa Rosa, CA)
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 Thursday, July 14, 2016. Any party requesting an appearance must notify all other opposing parties of their intent to appear.
Law & Motion Tentative Ruling
July 15, 2016.
SFL 59945, James v. James
This unopposed motion to vacate the Judgment filed September 9, 2014 is granted.
SFL 66145, Medina v. Medina
Both parties required to appear.
The Court intends to discuss with the parties a procedure to resolve this issue.
SFL 72135, Labriola v.Bellavia
Respondent’s motion is denied on the following basis:
1. CCP § 473.5 requires the filing of the pleading proposed to be filed, a mandatory requirement.
2. Respondent contends that the Default Judgment filed 4/13/2016 by the Petitioner should be set aside pursuant to CCP § 473 and FC § 2122 on the grounds of Fraud. Fraud, as described by FC § 2122 may be found where the allegedly defrauded party was kept in ignorance, or was in some other manner fraudulently prevented from fully participating in the proceeding. The pleadings presented in this matter do not meet this burden of proof. Respondent was advised by Plaintiff’s attorney that the default would be entered if she failed to respond
The issue of Child Support and custody shall be heard at the Order to Show Cause filed by Respondent calendared for 7/25/2016.
Respondent is denied attorney’s fees for the preparation and, if required, appearance on the motion. The request for attorney’s fees related to this motion shall be heard on 7/25/2016.