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LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23
JUDGE SHELLY J. AVERILL
IN COURTROOM 23
FRIDAY, April 21, 2017 @ 9:30 A.M.
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, April 20, 2017. Any party requesting an appearance must notify all other opposing parties of their intent to appear.
LAW & MOTION TENTATIVE RULINGS
JUDGE SHELLY J. AVERILL
April 21, 2017
1. SFL 42813- IRMO Lenschmidt: This matter is continued to May 5, 2017 at 9:30 in Dept. 23. A tentative ruling will issue on May 4, 2017.
2. SFL 67716-Irmo Muse: The motion to compel the filing of Petitioner’s FL-141 form is moot as the form has been filed and Judgment has been entered. The request to order Family Code section 271 sanctions is partially granted given the three separate court appearances that were required on Case Resolution Conference dates as a result of Petitioner’s failure to timely file his FL-141 form. Petitioner is ordered to pay the sum of $1,500 to William Bleecker within 30 days as Family Code section 271 sanctions. Petitioner has the ability to pay this amount from the proceeds of his equalizing payment.
3. SFL 70911-Huff v. Aviles: Pursuant to Code of Civil Procedure §284 the Court GRANTS the request by Jeffrey Zimmerman to be relieved as counsel for Respondent, Angelo Aviles. Jeffrey Zimmerman shall also be relieved as Guardian Ad Litem for the minor Respondent, Angelo Aviles.
4. SFL 75403- IRMO Wood: The motion to quash the deposition subpoena to the Sonoma County Sheriff’s Department is GRANTED. CCP §2020.410(c), specifically requires that the subpoena “shall be directed” to the “custodian of those records”. The subpoena at issue in this matter is defective on its face for failing to be directed to the custodian of records. In anticipation of the reissuance of a corrected subpoena and in the interest of efficiency for both the Court and the litigants, the Court is also providing feedback on the merits of the records sought. The documents related to the arrest on 9/23/16 are relevant to the issue of custody as they pertain to the potential safety of minor children while in the care of a parent. The request is also narrowly drawn to include documents related to a specific incident which occurred outside of the children’s school. The request for documents related to arrest or incident reports for the period from 1/1/15-2/28/17 are overly broad as currently drafted. The stated concern regarding the parent is alcohol abuse. The request for documents should be narrowly drawn to encompass that relevant concern which would be accomplished by requesting documents related to any incident reports or arrests for violations of Penal Code sections 647(f) or 273a or violations of Vehicle Code sections or subsections of 23152 and 23153. The Court is not ruling on the Motions to Quash the subpoenas to St. Helena Hospital or Sonoma Valley Hospital as Petitioner has acknowledged that those requests would contain privileged information and the subpoenas have been withdrawn.