Family Law Tentative Rulings

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 1:30 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 matter.

Date: March 28, 2023

The following are the tentative ruling cases calendared before Judge Alan Cassidy in Department #11:

FL-22-002585 – MONTOYA-CARBAJAL VS MURILLO-PAREDES

Respondent’s Request for Order re “DNA Testing,” etc.—DENIED, without prejudice.

The existing economic review remains on calendar as set and appearances are required.

Respondent’s order request for genetic testing and to have his name removed from one of the parties’ minor children’s birth certificates is denied without prejudice.  Both parties have only sought legal separation in this matter and remain married.  The minor child at issue was born during the marriage and Respondent’s conclusory allegation that the parties were not cohabitating at the time of conception is inadequate, on its own, to afford standing to contest the marital presumption.  Furthermore, Respondent alleges that another party is a “presumed father” but has not named or joined said party to this action.

The following are the tentative ruling cases calendared before Judge J. Richard Distaso in Department #13:

THERE ARE NO TENTATIVES.

The following are the tentative ruling cases calendared before Department #14 Judge, in Department #14:

THERE ARE NO TENTATIVES.

The following are the tentative ruling cases calendared before Judge Marcus L. Mumford in Department #25:

FL-18-001969 – TAPIA VS TAPIA

Attorney for Petitioner’s Motion to Be Relieved—GRANTED, conditionally.

The Court finds that notice, service and current address confirmation are valid and timely and that counsel sets forth an appropriate basis for involuntary withdrawal.  However, the proposed order does not include the recently set case management conference date.  Accordingly, the motion is granted conditioned upon submission and approval of a new order including all presently set hearing dates, with the effective date of the order delayed until proof of service of the signed order on the client is filed with the court.  (Cal. Rules of Ct., 3.1362(e).) 

FL-20-001273 – ORNELAS VS ORNELAS

Attorney for Respondent’s Motion to Be Relieved—GRANTED, conditionally.

The Court finds that notice, service and current address confirmation are valid and timely and that counsel sets forth an appropriate basis for involuntary withdrawal.  However, the proposed order does not include all pending hearing and trial dates.  Accordingly, the motion is granted conditioned upon submission and approval of a new order including all presently set hearing dates, with the effective date of the order delayed until proof of service of the signed order on the client is filed with the court.  (Cal. Rules of Ct., 3.1362(e).)  Thus, unless filed beforehand, counsel will remain of record and shall appear for the economic review hearing presently set for April 6, 2023 and may wish to seek a further continuance to avoid prejudice to the client.