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LAW & MOTION TENTATIVE RULING – FAMILY LAW Dept. 23
JUDGE BRADFORD J. DEMEO
IN COURTROOM 23
FRIDAY, May 10, 2013 @ 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., May 9, 2013. Any party requesting an appearance must notify all other opposing parties of their intent to appear.
Moretti v. Kilgore – SFL-46509 Motion for Adjudication of Omitted Asset & Attorney Fees
The Motion is DENIED in its entirety. The moving party has failed to meet its burden of proof on the issue of ownership of the insurance policy. The responding party has refuted the moving party’s claim to the policy. The policy ownership is in the name of the responding party and is prima facie evidence of her ownership; the responding party has explained the purpose of the policy was to offset debt incurred which she continues to service. The asset is community property, is assigned to the responding party, and shall remain owned by the responding party. The responding party is ordered to pay to the Moving party $3,000 as his share of the policy cash value no later than August 1, 2013. The request for attorney fees is DENIED.
Anderson v. Anderson – SFL-54701 There are two matters on calendar: A Motion to Bifurcate Marital Status and a Request for Order regarding Child Custody, Child Support, Attorney Fees, etc.
The Motion to Bifurcate Marital Status is DENIED. Opposing party has shown that due to bankruptcy filings of the spouses, and needs of their developmentally disabled child, and a financial claim of their developmentally disabled child against the parents, bifurcation and judgment on status may have unintended negative financial consequences on the parties and their children. The moving party has not shown how denial of bifurcation will cause him harm, and he has not addressed the likely financial harm to his disabled daughter.
Request for Order regarding Child Custody, Child Support, Attorney Fees, etc. Appearances required.
Connors v. Connors – SFL-56624 Motion for Enforcement of Marital Settlement Agreement
The motion is GRANTED. Petitioner is ordered to cooperate and sign all documents necessary to sell the horses, horse trailer, and home. Petitioner is further ordered to assist in showing the horses for sale.
Ming v. Ming – SFL 57607 – Matter dropped.
Moore v. Moore – SFL-991700 – Matter dropped.