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:
FL-24-001885 – MONTALVO VS MONTALVO
Respondent’s Request for Order re Sale, etc.—HEARING REQUIRED.
Petitioner is correct that the Court’s authority to order a pendente lite sale of any community asset is limited to cases where the asset(s) are subject to unreasonable market risk of loss. Respondent’s showing is not that there is any default on the mortgage payments, or any foreclosure notices issued, but simply that making timely payments going forward will be a hardship.
That said, as Petitioner also asserts financial hardship and need for immediate funds, the parties are always free to dispose of their community property as they see fit. It appears that the obstacles to such an agreement are not insurmountable. Because there are issues raised regarding the absence of all necessary disclosures, the Court is of the view that an Informal Discovery Conference (IDC) is in order. Counsel for both parties may be heard on this point and, if in agreement, an IDC will be set at the earliest mutually available date and time.
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:
THERE ARE NO TENTATIVES.