Dept. H13
Family Law
Tentative Rulings
Dept. H-13
Commissioner Renee Wilson
July 16 2021
PLEASE REVIEW THE FOLLOWING
All Law & Motion Tentative Rulings will be posted at least one day prior to the hearing date. If either party is requesting a continuance prior to the posting of the Tentative Ruling, meet and confer with opposing party and call the Court at least one week prior to your hearing date.
PLEADINGS NOT TIMELY FILED MAY NOT BE CONSIDERED IN THESE RULINGS. Proof of Service of Motions MUST be filed 5 days prior to hearing (CRC 3.1300 and OC Rule 710.E).
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Case Name |
Tentative |
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1 |
Cielo v De La Cruz |
Motion to Compel Response to 3rd party subpoena and sanctions Denied – Trial was initially set 6/7/21. This request is not timely. Per CCP 2024.020(b) a continuance of the trial does not operate to reopen discovery proceedings. On the merits: If there was an agreement to extend, the POS for PC Hospitality states personal service was unsuccessful for agent, Sam Bam Boukai. |
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3 |
Kelly v Wacker |
Motion to Compel further Responses to demand for production –
Has RP/H served further responses? If so this motion is moot. If no, motion granted for production, set 3, demand 4, 10, 11 and produce documents commensurate with response within 10 days. |
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4 |
IRMO Pham |
Motion to Enforce Judgment Denied - It appears that it was Husband who was awarded 8% interest in the Scarlet property not Wife. The amended judgment only awarded Wife an 8% interest in rents from 5/10/16 to present Nowhere in the Amended Judgment does it grant Wife 8% interest in the property! Said claim contradicts the prior Partial Judgment which clearly awarded the property to Husband. Wife’s remaining demands under the judgment are “claims” for reimbursement from Nga for the purchase under Moorse/Marden claim. Wife does not have and enforceable order to require sale: 1. No Judgment awarding her 8% interest; 2. No judgment as to a specific amount of rents 3. No judgment to 25K reimbursement from Nga 4. No judgment as to Moorse/Marsden It would appear that given that Nga has not been joined – partition action is a possibility. |
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