Jan 16, 2017

LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23 

JUDGE SHELLY J. AVERILL
IN COURTROOM 23
FRIDAY, January 6, 2017 @ 9:30 A.M.

 

 

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, January 5, 2017. Any party requesting an appearance must notify all other opposing parties of their intent to appear. 

  

  

LAW & MOTION TENTATIVE RULINGS

DEPARTMENT 23

JUDGE SHELLY J. AVERILL

JANUARY 6, 2017

 

1.       SFL 13520-Hamilton v. Hamilton:  The motion for Change of Venue was not timely served.  Pursuant to CCP 1013 an additional 10 calendar days must be added to the 16 court day notice requirement for out of state service by mail.  The Proof of Service indicates that the motion was served by mail on 12/15/16.  This matter is continued to January 20, 2017 at 9:30 in Department 23 to comply with notice requirements.

 

2.      SFL 34301-Pardo v. Naredo: Appearance is required. 

 

3.      SFL 40209-Varela v. Blom:  Request for Change of Venue to Mendocino County pursuant to CCP 397.5 is GRANTED.  Neither of the parties resides in Sonoma County and the mother and minor child reside in Mendocino County.

 

4.      SFL 56476-Mullen v. Mullen: The Request for Order to set aside the Stipulation and Order filed on June 13, 2016 was dropped by the moving party and the matter has been dropped from calendar.

 

5.      SFL 56512-Valencia v. Canas:  Request for Change of Venue is DENIED.  Sonoma County remains the proper venue pursuant to CCP 395(a) as there is no showing that the minor child no longer resides in Sonoma County. 

 

6.      SFL 59920-Esquivel v. Gutierrez:  The pending Request for Order is not a Law and Motion matter and is continued to the Domestic Calendar of Thursday, January 19, 2017 at 1:30 p.m. in Department 23.       

 

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