May 26, 2015

LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23 

JUDGE BRADFORD J. DEMEO
IN COURTROOM 23
FRIDAY, May 15, 2015 @ 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) 521-6732 by 4:00 p.m., Thursday, May 14, 2015. Any party requesting an appearance must notify all other opposing parties of their intent to appear. 

      

        

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    West v. McAllister (West) SFL-193729

     

              The Request for Order is GRANTED in all respects except for the request for attorney fees and costs which is DENIED.  The parties shall pay their own attorney fees and costs.  For clarification, this order is not enforceable against the military retirement administrator as this court does not have jurisdiction to order direct payment from the military pension administrator to the moving party.  [See 10 USC § 1408(d)(2)]  However, this court has jurisdiction to award a community property interest in the military pension to the moving party enforceable against the member upon proof.  [IRMO Beltran (1986) 183 Cal.App. 3d 292, 298].  Proof having been made to the satisfaction of this court, it is so ordered.  The moving party shall prepare the order of the court and submit it for signature no later than June 1, 2015. 

     

    Brown v. Brown SFL-53321

     

              The Request for Order for Entry of Judgment pursuant to CCP 664.6 is GRANTED.  The proposed Judgment with the signed Memorandum of Understanding attached is to be entered with reservation of jurisdiction by the court to enforce the judgment, and reservation of jurisdiction to rule on he issue of community property deferred compensation accounts. 

     

    Lammam v. Lammam SFL-53704

     

              The Request for Order Directing County Clerk to Execute Quitclaim Deed is DENIED.  There is not sufficient proof to form a basis to grant the relief requested.  Further, according to proof provided in the opposition to this Request for Order, Mr. Lammam has not complied with the terms of the Judgment completely.  Therfore, the relief requested is not appropriate.  

     

    Coturri v. Coturri SFL-63816

     

              The Request for Order to Adjudicate Asset is GRANTED.  Husband shall secure financing and remove Wife from all current loans and obligations no later than June 15, 2015, or list the property for sale, short sale, or proceed with foreclosure.  Attorney fees are ordered payable by Husband to Wife in the amount of $1,800.  The parties are to cooperate in the execution of documents for the sale, short sale, or foreclosure if Husband is unable to remove Wife from all current loans and obligations no later than June 15, 2015.

     

    Miller v. Miller SFL-64517

     

              The Request for Order To Compel Responses to Discovery, for Attorney Fees, and Sanctions is GRANTED.  Wife shall provide to Husband’s legal counsel complete, verified responses to the discovery requested, no later than May 25, 2015.  Attorney fees and costs in the amounts of $775 and $90 respectively shall be paid by Wife to Husband no later than June 15, 2015.  Sanctions in the amount of $1,000 payable by Wife to Husband are hereby ordered.  Wife shall pay said sanctions at a rate of $100 per month until paid in full beginning June 1, 2015.  All payments thereafter are due on the first day of each month.  If any payment ordered is late it shall bear interest at the statutory judgment rate of 10% per anum on the full outstanding balance due.    

     

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