Apr 24, 2014

LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23 

JUDGE BRADFORD J. DEMEO
IN COURTROOM 23
FRIDAY, April 18, 2014 @ 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., April 17, 2014. Any party requesting an appearance must notify all other opposing parties of their intent to appear. 

     

   

IRMO Winter SFL-64532

 

            The Request for continuance is granted.  The new hearing date on the Motion is May 16, 2014, at 9:30 am in Department 23.  Because the basis of the Request for Order is grounded in property issues, but the Judgment and MSA contain custody and visitation orders, the court is posting its tentative ruling for the parties to consider prior to the new hearing date.

 

            Tentative Ruling:  The Motion to Set Aside Judgment is DENIED.  Petitioner is the person who requested the default.  He executed the Stipulation and Waiver of Final Declaration of Disclosure.  He executed the Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration.  Petitioner executed the Declaration for Default which indicated his mutual waiver of the Final Declaration of Disclosure.  Legal documents are complicated, but all persons are charged under the law with vigilance in legal matters.  This Court finds that a reasonable person would not find Paragraphs 2.3 or 3.5 of the Marital Settlement Agreement to be confusing or misleading.  Those paragraphs are written in clear and plain language.  California has a strong policy in the finality of Judgments, and the parties’ reliance upon them.  As an active procurer of the Judgment in this case, Petitioner is bound by its terms.  Further, Section 7 of the MSA contains Child Custody agreements and orders.  Vacating the Judgment would leave the parties without custody orders which might create chaos for the children.  Petitioner does not address the child custody problem in his moving papers.  Therefore, in the best interests of the children, the Judgment will remain of record. 

 

Iraola v. McWethy SFL-66026

 

            The relief requested in the Application to Set Aside Voluntary Declaration of Paternity is GRANTED.  There is no Judgment in this action.  There is no pending action for child support, visitation or custody.  The applicant shall bring a completed Judicial Counsel Form FL-290 (Order After Hearing on Motion To Set Aside Voluntary Declaration of Paternity) to the hearing for the Court to sign. 

 

© 2014 Superior Court of Sonoma County