Mar 24, 2017

LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23 

JUDGE SHELLY J. AVERILL
IN COURTROOM 23
FRIDAY, March 17, 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, March 16, 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

March 17, 2017

 

1.      SFL 53321- IRMO BROWN: Respondent’s motion to set aside the MOU is DENIED.  The Court previously denied respondent’s request to set aside the MOU following an evidentiary hearing involving one of the same assets on 11/12/15. Any alleged failure to disclose “Bay View Sierra” is res judicata and may not be raised again.   As to Petitioner’s alleged failure to disclose the Wells Fargo and/or Schwab IRA, Respondent previously raised this issue in a Request for Order she filed on 1/24/16 and subsequently dropped on 2/19/16.  Petitioner has provided substantial evidence that the Wells Fargo IRA which was disclosed in 2011 was rolled over into the Schwab IRA. The parties entered a Stipulation and Order on 11/30/15 dividing their respective interests in their deferred compensation/retirement accounts and are unrelated to the MOU.  Respondent’s ongoing attempts to set aside the MOU which were previously ordered to be incorporated into a judgment are without merit. Respondent is ordered to pay the sum of $2,275 in attorney’s fees to David Gonzalez within 30 days pursuant to Family Code §271 as sanctions.        

 

2.      SFL 67606-IRMO OCAMPO:  Parties are ordered to appear for an evidentiary hearing.

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