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 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 matter.

Date: May 21, 2024

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

FL-18-001976 – BRENDA VS BRENDA

Petitioner’s Request for Order re Attorney’s Fees, etc.—GRANTED, and unopposed.

The Court finds that proof of service is on file averring that Respondent was personally served with the order request by a registered process server on April 8, 2024, and that the requirements of Family Code section 215(a) are satisfied.  Respondent filed no Responsive Declaration or other opposition within the time to do so. 

Accordingly, having reviewed Petitioner’s declaration and exhibits, and the parties’ judgment with incorporated marital settlement agreement (JDG/MSA), the Court finds that Respondent has failed and refused to comply with the terms of the final JDG/MSA with respect to the TD Ameritrade Account #8842 requiring said account to be divided by QDRO at Respondent’s expense, unless a QDRO be found unnecessary, in which case Respondent must “cooperate fully” in dividing the account. 

Respondent shall be given forty-five (45) days in which to comply with this term of the JDG/MSA in full and the Court will set this matter for a compliance review hearing that Petitioner may take off calendar should Respondent have complied on or before said date.  Should Respondent fail to do so, then Petitioner may appear and request that the Court appoint the clerk of the court as elisor to sign any and all necessary documents to effectuate the JDG/MSA as to the Ameritrade Account by submitting an ex parte proposed order in compliance with Local Rules, rule 7.08(A).

Petitioner’s request for attorney’s fees and costs in the amount of $3,750.00 is granted.  The Court finds the amount to be reasonable and necessary, and that the JDG/MSA itself expressly authorizes attorney and professional fees to the prevailing party in the event that enforcement action becomes necessary.  (JDG/MSA, Attachment, Part Q., p. 14, ln. 14-25.)  This award shall be paid by Respondent to Petitioner’s counsel on Petitioner’s behalf within forty-five (45) days and will also be reviewed for compliance at the scheduled hearing.  This award is made without prejudice to additional attorney and/or professional fees that may be awarded should it become necessary for Petitioner to conduct discovery to obtain the records that Respondent is required to provide, or to hire a professional to effectuate a QDRO or other division of the subject account at her own expense.  (Fam. Code, § 218 [discovery automatically reopened as to post-judgment proceedings].) 

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 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.