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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Attorney Vandyk’s Motion to Withdraw is granted.
2. SFL081531 Kahill Dissolution
Petitioner’s Motion to Change Venue is denied without prejudice. She has not served Respondent nor the Department of Child Support Services with her motion.
3. SFL090902 Haile Dissolution
The court notes that it is unable to locate a claim of exemption for Respondent, an actual judgment in this action, or one of the three orders which Petitioner is apparently seeking to enforce. The court also finds that the evidence and facts presented in the applicable papers are not sufficient for it to make a determination on the claim of exemption or the value, and whether Respondent’s equity exceeds the claim of exemption, as Respondent argues. At this point, the court anticipates continuing this matter to allow for an evidentiary hearing at which the parties may present evidence.
Petitioner obtained a writ of execution for enforcement of money judgment, in the amount of $8,987.50 and filed the writ on January 22, 2024. It states that it is in regard to judgments entered on “8/4/22,” “12/6/22,” and “3/30/23.” The record of this case contains no judgment. The record specifically contains no judgment entered on August 4, 2022, or any other order or determination entered that date. There is no order of any sort near that date which includes an award of any amount of money. On December 6, 2022, the court entered an order partly granting Petitioner’s motion to compel further discovery responses and awarding to Petitioner, against Respondent, monetary sanctions of $1,060. On March 30, 2023, this court entered two orders. It entered an order denying Respondent’s request for litigation fees and costs as well as for an award of sanctions. The court also entered an order denying Respondent’s motion to quash subpoenas and awarding sanction of $2,887.50 to Petitioner and against Respondent. It required payment to be made by May 1, 2023.
A judgment debtor may claim an exemption for property within the time and in the manner set forth for the applicable enforcement procedure. CCP section 703.030(a); see Coastline JX Holdings LLC v. Bennett (2022) 80 Cal.App.5th 985, 1004-1005.
The judgment creditor may then oppose the claim of exemption by following the procedures set forth in CCP § 703.550. The creditor must also file with the levying officer copies of each of these documents. The creditor must file the required documents within 15 days after service of the notice of claim of exemption or within 20 days if the levying officer served the notice by mail. The levying officer, it adds, must then “promptly” file the claim of exemption with the court.
Petitioner, the judgment creditor, has filed the correct papers noted above for opposing the claim of exemption and noticing a hearing on the claim. Petitioner has also filed a proof of service apparently showing service of these on the levying officer.
However, the court is unable to determine whether the claim of exemption was properly and timely asserted, the bases for the claim, or the bases for finding the claim to be improper due to the amount of Respondent’s equity.
4. SFL093526 Anderson/Anderson-Monday Dissolution
Petitioner, Christian Anderson, motion to bifurcate the status only portion of the dissolution is granted. The party’s marriage will be dissolved as of February 16, 2024. Petitioner to provide a completed Judgment form FL-180 and completed Notice of Entry of Judgment form Fl-190 to the Clerk’s office within 10 days of this ruling. The court reserves jurisdiction on all other issues.
End of Tentative Rulings