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., Thursday, June 14, 2018. 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

June 15, 2018

 

1.     SFL 078420-Marriage of Wells:  Respondent/Wife’s request is GRANTED.  The Default Judgment entered on May 17, 2018 is hereby vacated pursuant to CCP §473(b) which provides that “The Court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgement, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect” provided that application is made within six months after the judgment was taken.  Wife is hereby ordered to file and serve her Response and complete and serve to Petitioner/Husband her mandatory Preliminary Declaration of Disclosure including the completed Schedule of Assets and Debts and Income and Expense Declaration by June 30, 2018.  Wife’s failure to comply with this order may lead to monetary sanctions.  This matter shall be set on July 12, 2018 at 8:30 a.m. in Department 23 on the Compliance Calendar to confirm that Wife has complied with the terms of this order.

 

2.     SFL 076502-Chubb v. Morelli:  No Proof of Service of the pending Request for Order has been filed with the Court.  This matter is continued to July 6, 2018 at 9:30 a.m. in Department 23 in order for service to be effectuated and a proof of service to be filed.  A tentative ruling will issue on July 5, 2018 pursuant to local court rules.