LASSEN SUPERIOR COURT
DEPARTMENT TWO
TENTATIVE RULINGS
Hon. F. Donald
Sokol, Presiding
August 6, 2008
* * *
(NOTE TO COUNSEL AND PARTIES:
The court provides tentative rulings on law and motion matters only for
information to the parties in preparation for the hearing. The court does NOT
issue tentative rulings pursuant to
[Record Disclosures by Judge Sokol:
Ms. M. Kristina Bishop, M.A. is a court Conservatorship Investigator. Ms.
Nina Dupont-Stone, M.A. is a court Mediator. Ms.
8:30 CALENDAR
27636
Goff, Dana v. Goff, Ernest
Motion for Modification: Custody & Visitation
If the parties have not been able to reach an agreement in mediation,
mediation having been ordered upon the filing of the motion for modification of
child custody and visitation on June 26, 2008, the parties will be referred to
mediation to determine whether an agreement can be attained, to return at 4:00
p.m. If no agreement is reached, the
court will accept the recommendation of mediation or set the matter for an
evidentiary hearing.
FS45319
Goforth, Jennifer v. Goforth,
Jason
Motion for Modification: Spousal Support
Respondent in his motion filed July 9, 2008, has raised two issues: 1)
whether spousal support in the amount of $644.00 payable to Petitioner
as agreed in the marital settlement agreement contained in the judgment of
September 7, 2007, should be terminated; and 2) whether the two children of the
parties should be removed from the restraining order obtained by the Petitioner
against Sherie Gore, a friend of the Respondent.
With respect to the spousal support issue, according to the declaration
of the Respondent, at the time of dissolution the debt on the American Express
card was $100.89. The MSA provided that
Petitioner was to assume this debt and hold Respondent harmless from any debt
incurred under the card by Petitioner.
Apparently the outstanding debt on the card is now over $10,000.00 due
exclusively to additional charges make by Petitioner. Therefore, the court will order Respondent to
pay the $644.00 spousal support directly to American Express toward satisfaction
of the debt until paid in full. After
satisfaction of the credit card debt, the agreed spousal support of $644.00 per
month can resume to be paid to Petitioner.
With respect to removing the children from the restraining order
Petitioner obtained against Sheri Gore in case number 46766, the court will set
an evidentiary hearing to determine whether Ms. Gore poses a threat to the
children and that matter will be held in case number 46766.
JC47289
MBS Property Management v.
Sheehy, Chelsea
Unlawful Detainer – Trial
Setting
The court will set this unlawful detainer matter for trial in accordance
with the respective calendars of the court and parties.
47208
Leffler, Daniella v. McGrew,
Megan
OSC Re: Harassment
At the time of review Plaintiff had not filed a proper proof of
service. If no proper proof of service is
filed prior to the hearing, the matter will be taken off calendar. If Defendant appears and waives the defective
service, the court will order the parties to mediation to determine if an agreement
can be reached, to return to court at 4:00 p.m.
If no agreement is reached, the matter will be set for an evidentiary
hearing.
47254
McFarland, Abigail v. Noel,
Karen
OSC Re: Domestic Violence TRO
The court will refer the parties to mediation to determine whether an
agreement can be reached, to return to court at 4:00 p.m. If no agreement has been reached, the court
will set the matter for an evidentiary hearing.
47273
Huston, Susan v. Shepard,
Katrina
OSC Re: Domestic Violence Custody, Visitation &
TRO
The court will refer the parties to mediation to determine whether an
agreement can be reached, to return to court at 4:00 p.m. If no agreement is reached, the matter will
be set for an evidentiary hearing.
47274
Parker Jr., Kurt v. Shepard,
Katrina
OSC Re: Domestic Violence Custody, Visitation &
TRO
The court will refer the parties to mediation to determine whether an
agreement can be reached, with respect to the restraining orders and child
custody and visitation issues, to return to court at 4:00 p.m. If the parties cannot reach an agreement in
mediation on the custody and visitation issues, the court will consider the
recommendation of the mediator or set the matter for an evidentiary
hearing. Further, if the parties cannot
reach an agreement on the requested restraining orders, the court will set that
issue for an evidentiary hearing as well.
47286
Ridgebear, Elvis v. Wright,
Phillip
OSC Re: Domestic Violence TRO
As of the date of review Plaintiff had not filed a proof of service. If no proper proof of service is filed prior
to the hearing date, the matter will be taken off calendar unless Defendant
appears and waives the defective service in which case the will order the
parties to mediation to determine whether an agreement can be reached, to
return to court at 4:00 p.m.
47287
Fuller, Natalie v. Carroll,
Brenda
OSC Re: Harassment
The court will refer the parties to mediation to determine whether an
agreement can be reached, to return to court at 4:00 p.m. If no agreement is reached, the matter will
be set for an evidentiary hearing.
47313
Lee, Steven v. Sjolblom, Laurie
OSC Re: Harassment
The court will refer the parties to mediation to determine whether an
agreement can be reached, to return to court at 4:00 p.m. If no agreement is reached, the matter will
be set for an evidentiary hearing.
10:00
CALENDAR
JC46526
Stevens, Cynthia v. Lightsey,
Terry
Motion – Withdraw as Attorney
of Record
Counsel for Plaintiff has not filed a proposed order relieving him as
counsel as required by Rule 3.1362(e) which specifies that the order must be
lodged on the Judicial Counsel form and served on the client with the moving
papers. Further, the proof of service of
the noticed motion and motion to be relieve as counsel was not accompanied by
the declaration with respect to service of the motion as required by Rule
3.1362(d). Also, the motion and
declaration of counsel both filed July 24, 2008, was only nine court days prior to the hearing. CCP section 1005(b) requires the motion to be
served 16 court days prior to the hearing.
Therefore the court will continue the matter for one month to allow
counsel to comply with the code sections referred to herein.
JC46292
Chase Bank
Arbitration Hearing
The court will sign the proposed order granting the Petition to confirm
arbitration award as submitted by counsel for the Plaintiff.
4:00
CALENDAR
39413
Williams, Tosha v. Williams,
Status Review – Custody &
Visitation
The court will review the report of mediation with respect to whether the
parties have complied with the interim child custody and visitation order filed
May 21, 2008. If either parent has
deliberately violated said order, he or she will be subject to the sanctions
specified in paragraph 11 of the May 21, 2008, order.