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 California Rule of Court 3.1308, and the procedure set out in that Rule does not apply.)

 

[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. Diane Tetreault, M.A. is a court Mediator. Mr. Jon Nakanishi is the court Family Law Facilitator.]

 

 

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 USA v. Furrer, Lacy

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, Shannon

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.

 

           

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