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TENTATIVE RULINGS – FAMILY LAW Dept. 21
LAW & MOTION CALENDAR
FRIDAY, April 17, 2015 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) 521-6723 by 4:00 p.m. on April 16, 2015. Any party requesting an appearance must notify all other opposing parties of their intent to appear.
1. SFL 28850, West/Merrill:
This unopposed motion is granted. Respondent to pay all applicable fees.
2. SFL 48936, DeVries/Duenas:
Respondent’s motion is granted.
The California Constitution prohibits imprisonment for failure to pay a debt. A court order issued as a Family Law Judgment ordering the payment of a sum of money by one spouse to the other, other than a payment for support, is a debt. Therefore, such debt may not be enforced by a contempt action. In Re: Fontana (1972) 24 Cal.App.3rd, 1008.
3. SFL 61753, Pope disso:
Because of the pending trial in Dept. 20 on 4/27/15, this motion is continued to May 15, 2015 in Dept. 21 at 9:30 a.m.
4. SFL 64148, Arcado disso:
The motion to enforce the settlement announced on the record in court on 9/14/14 is granted. If Respondent refuses to sign the proposed MSA by 5/11/15, the court appoints an Elisor to sign the MSA on behalf of Respondent. The parties may, by mutual agreement, agree to replace the MSA with a revised MSA but either the original MSA or the agreed upon revised MSA must be signed no later than 5/1/15.
The request to order the sale of the property is denied as premature. The court finds that the refusal of Respondent to sign the proposed MSA is a frustration of the policy of Family Law promoting settlement and reduction of the cost of litigation. Respondent is therefore awarded a Family Law §271 sanction of $750, payable within 60 days of this order.
As to the custody, visitation order, as the parties reached an agreement in mediation to not make any changes in such order, no change is ordered.