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 matter s 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:
168795 - KITCHERT vs KIRCHERT
Petitioner’s Request for Order to Amend Judgment Regarding Pension – GRANTED.
California courts have inherent authority to reconsider and correct their own orders and rulings. ( Le Francois v. Goel , (2005) 35 Cal.4th 1094; In re Marriage of Spector, (2018) 24 Cal.App.5th 201. Code of Civil Procedure § 473 (d) also provides that the court may correct clerical mistakes in its judgment or orders on its own motion or upon a party’s motion. The Court may therefore correct and reissue the order as requested.
Petitioner’s motion is accordingly granted.
FL-23-001773 - TEJEDA vs TEJEDA
Petitioner’s Motion to Compel Responses and for Discovery Sanctions – HEARING REQUIRED.
FL-23-001773 - TEJEDA vs TEJEDA
Respondents’ Motion to Withdraw as Counsel for Respondent – GRANTED.
Good cause existing Peter Rodriguez Esq’s motion to be relieved as Counsel for Respondent is hereby granted.
The Court’s order relieving Counsel shall take effect upon proof of service of same upon Respondent.
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-22-003236 – GARZA VS GARZA
Petitioner’s Request for Order re Enforcement, etc.— GRANTED, and unopposed, in part; HEARING REQUIRED, in part.
The Court finds, on the basis of Petitioner’s proof of personal service, that presumptively valid and timely individual party service has been effectuated on Respondent in this post-judgment proceeding. (Fam. Code, § 215(a).) Respondent has not filed a Responsive Declaration or other written opposition.
Accordingly, based on the terms of the now-final Judgment entered on July 30, 2024, the Court further finds that Respondent was obligated thereby to pay the sum of $5,000.00 to Petitioner’s counsel as and for attorney’s fees and costs, but that despite repeated demands for compliance, has failed and refused to comply. The Judgment itself constitutes an order and is tantamount to a money judgment for the sum stated. (Fam. Code, §§ 290, 291.) A further order is therefore unnecessary and Petitioner’s counsel is undoubtedly aware of the provisions of the Enforcement of Judgments Law and the statutory procedures to collect the sums owed. That said, the Court grants Petitioner’s unopposed request and Respondent is now directly ordered by this Court to pay the amount owed within ten (10) days of this ruling.
As for the remainder, the Judgment provides for the recovery of reasonable attorney’s fees and costs to the prevailing party for enforcement proceedings and Petitioner additionally requests conduct-based sanctions pursuant to Family Code section 271. As to the former, there is no declaration attesting to the fees and costs incurred in bringing this motion. As to the latter, the Court must make findings that any amount ordered will not impose an unreasonable financial burden on the sanctioned party. Consequently, a hearing is required as to both grounds for further fees and costs.
