May 30, 2017

 

TENTATIVE RULINGS – FAMILY LAW Dept. 21

LAW & MOTION CALENDAR

FRIDAY May 19, 2017 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 Thursday, May 18, 2017. Any party requesting an appearance must notify all other opposing parties of their intent to appear.    

 

 


SFL66843 Walton Dissolution

Respondent’s motion to bifurcate the status of the marriage is GRANTED.

Both parties present claims for attorney’s fees. Neither counsel stated the code section under which they are seeking fees nor provided a description of the actual fees incurred for which they seek recovery. Moreover, assuming that the intention of each counsel was to seek fees pursuant to Family Law section 271, the alleged conduct of the other party fails to reach a threshold sufficient to incur an award of attorney’s fees pursuant to that code section for frustrating the policy of the law to promote settlement of litigation or reduced the cost of litigation by encouraging cooperation between parties and attorneys.

 

SFL68934 Neese Dissolution

This unopposed motion is GRANTED. Respondent is ordered to serve his preliminary declaration of assets and debts on petitioner and file and serve his confirmation of this service within 20 days of this order. Respondent is referred to the Sonoma County Family Law Facilitator’s office (Family Law Courthouse, 3055 Cleveland Ave., Santa Rosa CA, telephone 707-521-6545) for assistance in preparing these documents. Pursuant to Family Code section 2107, petitioner is awarded a sanction of $1165, payable to petitioner within 60 days of this order

 

SFL70530 Guerrero Dissolution

This unopposed motion is GRANTED. Counsel Wertz is directed to prepare and serve an order on Respondent confirming this tentative ruling.

 

SFL74030 Theriot Dissolution

Based on respondent’s statement of non-opposition, the court GRANTS this motion. The parties are referred to the family law facilitator’s office (Family Law Courthouse, 3055 Cleveland Ave., Santa Rosa CA, telephone 707-521-6545) for assistance in preparing an order which incorporates all the conditions requested by petitioner and respondent in their respective Family Code section 315 forms attached to their pleadings.

Additionally this matter is placed on the CRC calendar of June 22, 2017 at 9:00 .a.m. pursuant to respondent’s request for the scheduling of a settlement conference.

SFL 075429 Parker/Eliot Jr. Dissolution

Understanding that Petitioner has agreed to withdraw her claim for personal  injuries, the issue of her medical condition no longer relates to the subject matter of this proceeding nor would lead to the discovery of admissible evidence. This incident has not, at this time, resulted in a finding of Domestic Violence. Additionally, the withdrawal of this issue removes any discussion by petitioner concerning her injuries related to the event of December 6, 2016 and any other statement she may have made concerning this event as subject matter of this proceeding.

Petitioner’s motions are granted. Sanctions are not awarded.

Should this issue at a later date become subject matter of this proceeding, discovery would then be allowed.

 

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© 2017 Superior Court of Sonoma County