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. on Thursday September 5, 2019. 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

September 6, 2019

 

1.      SFL15600-Brucato v. O’Connor:  Motion by Minor’s Counsel to be relieved as appointed counsel for minor child is GRANTED.

 

2.      SFL67718-Marriage of Burke: Petitioner/Father’s request to set aside the Findings and Order After Hearing entered on May 16, 2019, pursuant to CCP §473 due to the inadvertence of his attorney in failing to properly calendar the matter is GRANTED.  The attorney’s fees incurred by Respondent/Mother to attend the hearing of May 16, 2019, shall be paid by Father upon appropriate motion being made.  The issues pending on May 16, 2019 shall be reset for hearing on September 19, 2019 at 1:30 p.m. in Department 23. 

 

3.      SFL076568-Marriage of Morris:  The pending Motion to Bifurcate Marital Status and enter a status only judgment was previously set on August 2, 2019 and further continued to September 7, 2019 with an order that Respondent/Husband shall timely serve Petitioner/Wife prior to the newly scheduled hearing date.  There being no proof of service on file following the August 2, 2019 hearing the matter is DROPPED from calendar.

 

4.      SFL076914-Marriage of Haro:  Petitioner/Wife’s request to bifurcate the marital status and enter a status only judgment is DENIED.  Wife has failed to comply with the mandatory provisions of Family Code §2337(d)(1).

 

5.      SFL082107-Marriage of Peterson:  The motion of Jon Vonder Haar to be relieved as attorney of record for Harold Don Peterson is GRANTED. 

 

6.      SFL082200-Grijalva v. Molidor:  The motion of James Sansone to be relieved as attorney of record for Aaron Grijalva, II is GRANTED.