Jul 19, 2019

 

TENTATIVE RULING – FAMILY LAW DEPT. 23 

SUPERVISING FAMILY LAW JUDGE
JUDGE SHELLY J. AVERILL
COURTROOM 23

 

 

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. on Thursday July 18, 2019. Any party requesting an appearance must notify all other opposing parties of their intent to appear.

 

 

 

  1. LAW & MOTION TENTATIVE RULINGS

    DEPARTMENT 23

    JUDGE SHELLY J. AVERILL

    July 19, 2019

     

     

    SFL050016-Bravo v. Bravo Zambrano: Appearance is required to reset this matter for trial. Pursuant to Article 1 of the Hague Convention on Service Abroad “This Convention shall not apply where the address of the person to be served with the document is not known.”  On March 8, 2010, Petitioner/Wife filed a Declaration regarding Posting and a Declaration regarding Due Diligence wherein she declared under penalty of perjury that Respondent/Husband’s address was unknown.  To the extent relief is based upon a non-fraud claim that the default judgment is void for non-compliance with the Hague Convention, the Court finds the request for relief timely.  The Court finds the case of Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co. Ltd. (2018) 24 Cal.App.5th 115 analogous and persuasive.  In Rockefeller, the Court found that a default judgment could be set aside at any time based upon a claim that service did not comply with the Hague Convention, regardless of whether or not the default judgment was void on its face.  The Court notes that review has been granted in Rockefeller, but that the case remains published pending review and may be still cited as persuasive authority pursuant to CRC 8.1115(e)(1)).  Respondent has the burden of proof to establish that the Hague Convention applied at the time Wife obtained the Order for Service by Posting.  

 

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