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LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23
JUDGE BRADFORD J. DEMEO
IN COURTROOM 23
FRIDAY, June 5, 2015 @ 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) 521-6732 by 4:00 p.m., Thursday, June 4, 2015. Any party requesting an appearance must notify all other opposing parties of their intent to appear.
IRMO Burke SFL-45604 – Motion to Withdraw as Counsel – GRANTED.
Sadri v. Rezvani SFL-48518
The Motion to Compel Responses to Discovery Requests, For Attorney Fees, to Compel Husband to Sign QDRO’s, and For Sanctions is GRANTED. Sanctions pursuant to Family Code §271 are awarded against Respondent Ahmad Rezvani in the amount of $2,000 payable to Petitioner no later than May 15, 2015. Respondent Rezvani shall respond to all discovery requests and produce all items requested no later than May 15, 2015, or the court may consider further sanctions in the nature of issue preclusion, and default, as permitted by law. The time to object to the discovery, or seek protective orders, has expired. The discovery requests are appropriate, timely and valid. There is no justification asserted by Respondent for his failure to respond to the discovery requests. Likewise Respondent Rezvani has failed to prove justification for his failure to sign the QDRO’s proposed. Attorney fees will be awarded according to proof. All other issues are reserved to trial.
IRMO Gravelle SFL-57030 Motion for Reconsideration
This Motion for Reconsideration is DENIED as it is untimely. Even if the motion was timely, it would be denied. Respondent has not made sufficient showing to overcome the Family Code § 3044 presumption of sole legal and physical custody to the victim of domestic violence. Mr. Gravelle has made progress in the time since the restraining orders were issued in 2011 and again in 2012. However, protective orders were issued on multiple occasions, and the conduct giving rise to the protective orders, was violent, dangerous and of continuing concern to the court. The legal and physical custody status will remain as ordered. Petitioner’s request for attorney fees to respond to this motion, after two prior hearings recently on the same issue, are Granted. Respondent shall pay to Petitioner attorney fees in the amount of $2,500 at a rate of $250 per month starting June 1, 2015, until paid in full.