Jun 29, 2016

LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23 

JUDGE BRADFORD J. DEMEO
IN COURTROOM 23
FRIDAY, June 17, 2016 @ 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, June 16, 2016. Any party requesting an appearance must notify all other opposing parties of their intent to appear. 

      

 

Department 23

 

Law & Motion Tentative Rulings

 

June 17, 2016.

 

 

 

 

 

SFL 69709, Aristondo v. Torres Che

Appearances are required.

Respondent’s Request for Order to Compel Further Answers to Production of Documents-Set One (hereinafter “Motion”) is tentatively denied.

The Proof of Service filed with the court that indicates service of the Motion was made, by personal service, on June 1, 2016.

It is unclear from the moving papers whether Petitioner served a verified (or unverified) response to the document demand.

If the response was verified, then Petitioner was entitled to notice of the Motion within 45 days (by May 12, 2016). It does not appear that notice of the Motion was given until Petitioner was personally served on June 1, 2016. As such, notice was not sufficient and the motion is denied.

If the response was NOT verified (which is tantamount to no response at all), then the motion will be treated as a motion to compel instead of a motion to compel further answers.  In this case, the court finds that the motion must be served in accordance with the requirements of CCP 1005(b) which requires service of the motion no later than 16 court days prior to the scheduled hearing. Personal service on June 1, 2016 is not sufficient and a reissuance will be granted so that the Respondent may attempt timely service. 

 

SFL 67818  Lipparini v. Guevara

The request to issue Letters Rogatory is denied, without prejudice to refile the request in the future.  CCP 2027.010(c) pertains to the production of documents in conjunction with the taking of a deposition in a foreign nation.  Further, the Petitioner has agreed to sign authorizations for the release of the same information that Respondent is seeking.

Respondent shall prepare the authorizations as suggested by the Petitioner in his responsive declaration filed on June 9, 2016. Petitioner shall sign the authorizations within 15 days of receipt. The signatures on the authorizations shall be notarized. In the event any of the entities needs further additional consent from the Petitioner for the release of the requested documents, the Petitioner shall not unreasonably withhold his consent.

 

 

 

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