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TENTATIVE RULINGS – FAMILY LAW
Dept. 22 LAW & MOTION CALENDAR
HON. JAMES G. BERTOLI
August 27, 2021 @ 9:30 a.m. in DEPT. 22
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, August 26, 2021. Any party requesting an appearance must notify all other opposing parties of their intent to appear.
LAW & MOTION TENTATIVE RULINGS
JUDGE JAMES G. BERTOLI
August 27, 2021, at 9:30 a.m.
Matter was erroneously scheduled on Department 22’s calendar although judicial officer is recused in this case. This matter will be rescheduled.
2. SFL-086989, Ramirez v. King
3. SFL-086989, Ramirez v. King
4. SFL-087567, Marriage of Fenton
Motion to Compel filed by Respondent is granted in part and denied in part.
As to the Motion to Compel Further Responses to Form Interrogatories, the motion to compel is denied without prejudice and the corresponding request for monetary sanctions under Family Code Section 271 is denied without prejudice as the motion was procedurally defective due to the failure to provide the required Separate Statement setting forth the interrogatory in question and the response thereto.
As to the Motion to Compel the Filing of a Preliminary Declaration of Disclosure, the motion is granted and Petitioner shall serve a Preliminary Declaration of Disclosure no later than September 10, 2021. The Court was not provided sufficient information by Moving Party, though, as to why either Petitioner’s Income & Expense Declaration or his Schedule of Assets and Debts were “deficient” or “woefully inadequate”, and denies without prejudice, the Motion to Compel serving a new Income & Expense Declaration and/or Schedule of Assets & Debts. Due to this failure, the Court imposes a sanction of $300 for failure to serve a Declaration of Disclosure only.
Motion to Compel further responses to Respondent’s Inspection Demand is granted. As no response was made to this discovery request, a separate statement is not required. See: CRC3.1345(b)(1). Pursuant to Code of Civil Procedure Section 2031.300(c), the Court imposes an additional sanction of $600 for the failure to respond to this discovery request.
*This is the end of these Tentative Rulings*