Jul 28, 2015

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

HON. RAIMA BALLINGER
IN COURTROOM 22
FRIDAY, July 24, 2015 @ 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. Thursday, July 23, 2015.  Any party requesting an appearance must notify all other opposing parties of their intent to appear.       

 UPDATED: 7/23/15 AT NOON

Alicia M. Sager’s Request for Order/Motion to Quash Proceedings is denied.

“Unless the residency issue is raised within the 30-day Response period (by Motion to Quash the Proceedings), any defect in the family Code Section 2320(a) residency requirements is waived.”  Marriage of Tucker (1991) 226 CA3rd 1249, 1256; California Practice Guide Family Law, Hogoboom and King, 3:166. 

“The minimum six-months/three-months residence requirements are not “jurisdictional” in the sense that non- compliance therewith would make a dissolution judgment void.  At most, a court adjudicating a marriage dissolution in disregard of the minimum residence standards would commit error in the exercise of its jurisdiction; but (assuming valid domicile jurisdiction jurisdiction) such error would not itself be ground for upsetting the Judgment once it becomes final.  See, DeJung v. DeJung (1946) 27 C2nd 521,526; Handy v. Super.Ct. (1960) 185 CA2nd 21, 23; California Practice Guide Family Law,  Hogoboom and King 3:165.  

Further, any future Request for Order to modify the Marital Settlement Agreement:  custody, visitation, support, etc., would necessarily be filed in the Legal Separation Judgment proceeding (SFL 68264) which contains those terms.  The Dissolution of Marriage action (SFL 69968) is only determinative of the marital status of the parties.  Because a Judgment for Legal Separation (with Marital Settlement Agreement) has been entered, the Legal Separation file cannot be consolidated with any Dissolution of Marriage proceeding. 

© 2015 Superior Court of Sonoma County