January 23, 2018

A A A
Family Law Tentative Ruling Announcements
Print

Please note that 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 1:30pm daily at www.stanct.org.

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: January 23, 2018


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 Valli K. Israels in Department #13

THERE ARE NO TENTATIVES


The following are the tentative ruling cases calendared before Judge Jack M. Jacobson in Department # 14:

694053 – CASTANEDA VS CASTANEDA

Petitioner’s Request for Order re Sale of Residence/Equalizing Payment Pursuant to Reserved Issues in Judgment – APPEARANCE REQUIRED.

The proof of service submitted on 1-2-18 demonstrates inadequate notice to Respondent of the hearing of this matter. (Code Civ. Proc. §1005(b); Cal. Rules of Ct., rule 3.1300(a).)  However, Respondent has submitted a Responsive Declaration and does not object to notice or service.  Therefore, the parties should appear at the hearing to present their positions to the Court.

8007943 – WILLIAMS VS WILLIAMS

Petitioner’s Request for Order re Set Aside Dismissal—GRANTED, per agreement between the parties.

The Court will set the matter for a Case Management Conference at the time of the hearing. Respondent may appear by phone.

The Self-Help Center offers free help to people who are representing themselves in Court in a variety of legal matters.  Assistance is provided daily on a walk-in first-come, first-served basis.  Office Hours are Monday – Thursday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., and Fridays 1:00 pm to 4:00 pm.  Location:  800 11th Street, Room 220, Modesto, California.


The following are the tentative ruling cases calendared before Judge Loretta Murphy Begen in Department #25:

453893 - DAY VS MILLER

Respondent’s Request for Order re Elisor for Deed—DENIED, without prejudice.

Respondent has failed to file proof of service as required.  (Cal. Rules of Court, rule 5.94(b).)  Individual service on Petitioner is obligatory as this matter is post-judgment.  (Fam. Code § 215.)  That said, Respondent’s request has merit, and would likely be granted, provided that Respondent complies with the proposed order and elisor requirements.  (See, Local Rules, rule 7.05.2.)  If, as Respondent contends, Petitioner is evading service, Respondent will need to seek an order for substitute service by publication or posting, but legally valid service remains essential to a valid order.

The Self-Help Center offers free help to people who are representing themselves in Court in a variety of legal matters.  Assistance is provided daily on a walk-in first-come, first-served basis.  Office Hours are Monday – Thursday, 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m., and Fridays 1:00 pm to 4:00 pm.  Location:  800 11th Street, Room 220, Modesto, California.