Jul 23, 2016

TENTATIVE RULINGS – FAMILY LAW Dept. 22 LAW & MOTION CALENDAR

HON. JAMES G. BERTOLI
IN COURTROOM 22
FRIDAY, July 22, 2016 @ 9:30 A.M.
(Civil & Family Courthouse, 3055 Cleveland Avenue)

 

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) 521-6723 by 4:00 p.m. on Thursday,  July 21, 2016  Any party requesting an appearance must notify all other opposing parties of their intent to appear.  
      
IRMO Reif, SFL-58075

Motion for Change of Venue granted. The court finds that because the parties are no longer living in Sonoma County, the convenience of the parties is facilitated by transferring the case to Solano County. The court further finds that Petitioner’s argument that the ends of justice will not be facilitated by transferring the case to Solano County because a Solano County judicial officer will be required to interpret Sonoma County judges’ orders is without merit. By accepting Petitioner’s argument, virtually any active case could not be transferred to another county because the possibility exists that any new county’s judge will be called upon to interpret the prior county’s orders and there is no authority for such a proposition. Moreover, even if the case remains in Sonoma County, the currently assigned judge may be called upon to interpret other judicial officers’ orders in the case, further exemplifying the lack of merit to the argument.

 

The court does order the Respondent to pay Petitioner’s attorney $300 in attorney’s fees as a sanction under Family Code Section 271 for opposing Petitioner’s reasonable request to continue the hearing to the current court date.

 

Venue shall be changed to the County of Solano upon payment of appropriate fees for the transfer.

 

 

                  

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