Family Law Tentative Rulings
Family Law Tentative Ruling Announcements
The family court issues tentative ruling announcements on the court day prior to the scheduled hearing for specific types of motions. Tentative rulings are only provided on the Internet and posted in the clerk’s office lobby. Internet postings occur at 3:30 p.m. daily.
Parties are not required to give notice of intent to appear to preserve the right to a hearing. The tentative ruling will not become final until the hearing. (Stan. Cnty. Local Rules, rule 7.05.1) However, as a courtesy to the Court, and other parties or counsel with matters on calendar, notice of intended appearance or non-appearance is encouraged and may be sent by e-mail to the following address: familylaw.tentatives@stanct.org between the hours of 1:30 p.m. and 4:00 p.m. If you do not receive a confirmation e-mail from the clerk, you may call to speak directly with a Calendar Clerk at 209-530-3107.
Any party filing pleadings or documents on a tentative ruling matter within five (5) days of the hearing should provide a courtesy copy to the Courtroom Clerk and the Court’s Family Law Research Attorney by placing a copy in the drop box slot on the door of Room 223, Second Floor of the main Courthouse. Failure to do so may prevent the Court from consideration of such, may result in a continuance, and/or may be considered in the award of conduct-based fees and costs. (Stan. Cnty. Local Rules, rule 7.05.1(B).)
All parties and counsel are required to meet and confer in a good faith effort to resolve the dispute on any request, motion or hearing, with the exception of those involving domestic violence, and to exchange any documents upon which reliance will be made at the hearing. (Cal. Rules of Ct., rule 5.98; Stan. Cnty. Local Rules, rule 7.05.1(C).) Failure to do so may result in a continuance and may be considered in the award of conduct-based fees and costs, or both. If sufficient information regarding an adequate pre-hearing meet and confer effort is not provided in the moving and opposing papers, in the Court’s discretion, the matter may be placed at the end of the calendar and not called until the parties or counsel advise the Court that they have complied with their obligations and/or resolved the matters own motion, the Court orders Respondent to comply within thirty (30) days of this ruling and admonishes Respondent that the failure to do so may result in the striking of the Response and entry of Respondent’s default.
The following are the tentative ruling cases calendared before Judge Alan Cassidy in Department #11:
THERE ARE NO TENTATIVES.
The following are the tentative ruling cases calendared before Judge J. Richard Distaso in Department #13:
The following are the tentative ruling cases calendared before Judge Sweena Pannu in Department #14:
THERE ARE NO TENTATIVES.
The following are the tentative ruling cases calendared before Judge David I. Hood in Department #25:
FL-22-000301 – PRICE VS PRICE
Respondent’s Request for Order re “Other,” etc.—HEARING REQUIRED.
Respondent’s requests numbered 1 – 3 are denied without prejudice. (RFO, p. 2 of Attachment 7, ln. 3-11.) These requests all concern the parties’ dispute over personal property. Upon review, it is the Court’s opinion that the reasonable fair market value of these items does not exceed Fifty Thousand Dollars ($50,000.00). The Court’s opinion as to value is not open to dispute and is not subject to objection or appeal. Accordingly, this request shall be referred to judicial arbitration, inclusive of any disputes over characterization of the subject property, and the arbitrator’s award shall include, in addition to valuation, an equal division of all items determined to be community property, whether in kind or by listing and sale, including equalization thereof. The parties shall select an arbitrator within ten (10) days of this order, failing which each party shall submit the names of two qualified, available and willing arbitrators for appointment by the Court, including rates and qualifications. (Fam. Code, § 2554; Code Civ. Proc., § 1141.10 et seq.; Marriage of Cream (1993) 13 Cal.App.4th 81; Hogoboom & King, Cal. Prac. Guide Family L. (TRG 2025) Ch. 8-E, § 8:970.)
Respondent’s request number 4, for appointment of an elisor to sign on Petitioner’s behalf is granted conditionally, and as unopposed. Respondent shall submit a proposed order in compliance with the Local Rules regarding elisors for the Court’s review and, if appropriate, signature. (Local Rules, rule 7.08(A).)
Respondent’s final request, number 5, of an award of attorney’s fees and costs pursuant to Family Code section 271. The Court declines to grant this request at this time but will reserve jurisdiction over it. For one thing, while the requested amount is not extremely high, there is no Responsive Declaration on file and no current I&E for Petitioner that would permit the Court to ensure that that even this amount does not represent an “unreasonable financial burden” as the Court is required to do. For another, 271 awards must be “tethered” to the fees and costs at issue, i.e., there must be a correlation between the amount requested and the costs incurred due to the misconduct. That correlation is presently absent from the moving papers, at least in terms of a declaration from counsel regarding the fees and costs expended in the preparation and filing of this RFO.
FL-25-000799 – LOPEZ VS LOPEZ
Attorney for Petitioner’s Motion to Be Relieved—GRANTED.
The Court finds that service and current address confirmation are satisfied, that the grounds for involuntary withdrawal are valid and appropriately stated in general terms without compromising attorney-client confidence, and that granting the motion is unlikely to result in prejudice to the client given the current procedural posture of the case. The effective date of the order relieving counsel shall be delayed until proof of service of the signed order on the client is filed with the Court. (Cal. Rules of Ct., rule 3.1362(e).)
FL-25-001735 – GONZALES VS WILLIAMS
Petitioner’s Request for Order re Spousal Support, etc.—HEARING REQUIRED.
Spousal support is not eligible for tentative ruling and requires a hearing. The remaining request regarding payment of household bills and rent is intertwined with the support order that Petitioner is requesting. The Court notes that Respondent has not filed a Response to the Petition, did not file a Responsive Declaration to this RFO, but has appeared on the simultaneous filed DV matter. Respondent is therefore ordered to appear and to complete and sign a current Income and Expense Declaration, and to provide copies to Petitioner and the Court at the hearing, to be filed and served thereafter. The Court further notes that this is a short-term marriage and there do not appear to be substantial or complicated property issues, nor do the parties have any minor children of the marriage. Accordingly, the Court wishes to refer the parties to Self-Help to determine whether an uncontested or expedited dissolution proceeding is appropriate.