Family Law 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) 521-6836 by 4:00 p.m. on the day before the hearing. Any party requesting an appearance must notify all other opposing parties of their intent to appear.

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1. SFL63110 Alpert Dissolution

Attorney for Respondent’s Motion to Withdraw is GRANTED.

On August 14, 2023, Attorney for Respondent filed this Motion to Be Relieved as Counsel. Petitioner and Respondent were properly noticed of this request. (Declaration of Attorney).  This motion is unopposed by the Respondent.

Accordingly, the Motion to Be Relieved as Counsel is GRANTED.  

It is SO ORDERED.

2.   SFL082609 Reinstein/D’Ambrogi Dissolution

Attorney for Petitioner’s Motion to Withdraw is GRANTED.

On July 25, 2023, Attorney for Respondent filed this Motion to Be Relieved as Counsel. Petitioner and Respondent were properly noticed of this request. (Declaration of Attorney).  This motion is unopposed by the Respondent.

Accordingly, the Motion to Be Relieved as Counsel is GRANTED.  

It is SO ORDERED.

3.   SFL089619 Messer Dissolution

Appearances Required.

4.   SFL093903 Martin vs Martin

Respondent John Martin’s (“Respondent”) request for change of venue to Sacramento County pursuant to California Code of Civil Procedure (“CCP”) section 397(c) is GRANTED, for the reasons below.

PROCEDURAL HISTORY

On June 26, 2023, Petitioner Angela S. Martin (“Petitioner,”) In Pro Per, requested a domestic violence restraining order against Respondent. The same day, this Court issued a temporary domestic violence restraining order protecting Petitioner and restraining Respondent. The order expires as of July 18, 2023, at the end of the first hearing on this matter, unless otherwise extended by the Court.

Per the declaration of Respondent filed in support of the present motion, on June 28, 2023, John Martin requested a domestic violence restraining order against Angela Martin in Sacramento County, with a hearing date of July 20, 2023. There is no indication in the moving papers whether any temporary orders were issued restraining Petitioner and protecting Respondent.

On July 10, 2023, Respondent filed the present motion seeking a change of venue to Sacramento County under CCP section 397(c).

DISCUSSION      

Scope of Motion

Respondent argues that because the only percipient witness in this case resides in Sacramento County, and there are no known witnesses or evidence located in Sonoma County, Respondent’s motion for transfer of venue to Sacramento County should be granted pursuant to CCP section 397(a).

The motion is unopposed.

Legal Standard

CCP section 397(c) provides that the court may, on motion, change the place of trial, when the convenience of witnesses and the ends of justice would be promoted by the change.

Application

The declaration of Respondent indicates that Faith Martin, Respondent’s daughter, who lives with him in Sacramento County, will testify in this case, and requiring her to travel to Sonoma County will be burdensome for her. Furthermore, per the declaration of Petitioner in support of the motion, it seems the alleged abuse committed against her took place in Sacramento County. Finally, Respondent resides in Sacramento County.

Therefore, the Court finds that the convenience of the witnesses and the ends of justice would be promoted by granting the unopposed request to transfer to Sacramento County.

CONCLUSION

Based on the foregoing the motion is GRANTED.

Respondent shall submit a written order to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b).

It is SO ORDERED.

End of Tentative Rulings