Feb 26, 2017

LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23 

JUDGE SHELLY J. AVERILL
IN COURTROOM 23
FRIDAY, February 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) 521-6732 by 4:00 p.m., Thursday, February 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

FEBRUARY 17, 2017

 

1.       SFL 30912- IRMO Cresci: The motion to compel discovery and Husband’s request for attorney’s fees as sanctions is DENIED.  Post Judgment discovery may not be propounded when an action is not currently pending before the court. F.C. §218 provides that “With respect to the ability to conduct formal discovery in family law proceedings, when a request for order or other motion is filed and served after entry of judgment, discovery shall automatically reopen as to the issues raised in the post judgment pleadings currently before the court.” (Emphasis Added)  The fact that the parties have previously filed post judgment motions is not relevant where those motions have been resolved and are no longer currently before the court.  The last post judgment order for child support was issued in this matter on 9/21/16 and is not currently before the court.  Husband’s post judgment discovery is limited to an annual request for a completed Income and Expense Declaration as provided for in Family Code §3664(a) absent the filing of a new Request for Order.  Wife’s request for attorney’s fees in the amount of $1,955 is GRANTED and payable within 30 days.    

 

2.      SFL 73819-Ruiz Tapia v. Tapia:  This matter was continued by agreement of the parties to 9/17/17 at 9:00 in D23 for oral argument.  The Court’s tentative ruling remains as previously provided.  Husband’s request is GRANTED.  The Default Judgment entered on July 29, 2016 and subsequently amended is hereby vacated pursuant to CCP §473(b).  The request for sanctions pursuant to Family Code §271 is hereby reserved.  Wife’s request to enforce the terms of the Default Judgment is DENIED.  The request for attorney’s fees or sanctions is reserved.

 

 

© 2017 Superior Court of Sonoma County