Aug 28, 2015

LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23 

JUDGE BRADFORD J. DEMEO
IN COURTROOM 23
FRIDAY, August 21, 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, August 20, 2015. Any party requesting an appearance must notify all other opposing parties of their intent to appear. 

      

        

  1.     

     

        

    IRMO Nagle SFL-46414

     

              The Request For Order is DENIED.  There is not a sufficient basis to order a change in therapist for the children.  The current order of the court shall remain in full force and effect. 

     

    IRMO Ross SFL-69117

     

              The Request for Order is GRANTED in part and RESERVED in part.  The issue of breach of fiduciary duty is reserved for evidentiary hearing.  The declaration of husband supports the following relief:  It is ORDERED that Wife shall deliver her Preliminary Declaration of Disclosure to Husband’s attorney no later than September 1, 2015.  Wife shall deliver to Husband’s attorney verified responses to all of discovery propounded and described in Husband’s Request for Order no later than September 21, 2015.  Wife shall vacate the premises at 1741 Pine Avenue, Petaluma, California no later than August 31, 2015.  If Wife cannot remove all of her property from the premises by August 31, 2015, she will be granted one supervised weekend day in September to remove the remainder of her belongings.  Wife shall account for all of the Christmas funds identified in Husband’s Request for Order, as well as all funds that were deposited into the joint bank account, no later than September 1, 2015, and deliver the accounting to Husband’s attorney by that date. Wife is to transfer the 1997 Chevy and 1999 Ford to Husband by delivering the proper California DMV transfer documents to Husband’s Attorney no later 5:00 pm August 25, 2015.  The court orders sanctions in the amount of $3,500 against Wife in favor of Husband, payable at the rate of $500 per month beginning September 1, 2015, until paid in full.  Payments are due on the first day of each month and late on the 7th day of each month.  Any late payment shall bear statutory judgment interest at the rate of 10% per anum.  The court reserves jurisdiction to determine Watts/Epstein credits and charges.   

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