NOTICE TO ALL COUNSEL

Transcription

1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO RFO Calendar HONORABLE ELIZABETH HILL Department County Center, Redwood City Courtroom 7D Friday, April 5, 2019 NOTICE TO ALL COUNSEL IF YOU INTEND TO APPEAR ON ANY CASE ON THIS CALENDAR, YOU MUST DO THE FOLLOWING: 1. YOU MUST CALL (650) BEFORE 4:00 P.M. TO INFORM THE COURT OF YOUR INTENT TO APPEAR. 2. You must give notice before 4:00 P.M. to all parties of your intent to appear pursuant to California Rules of Court (a)(1). Failure to do both items 1 and 2 will result in no oral presentation. Notifying CourtCall with your intent to appear is not an alternative to notifying the court. All Counsel are reminded to comply with California Rule of Court The Court will expect all exhibits to be tabbed accordingly. Case Title / Nature of Case

2 April 5, 2019 Request for Order Calendar PAGE 2 LINE: 1 16-FAM DAMARIS BARRIOS AND JOSEPH OSUNA DAMARIS BARRIOS JOSEPH OSUNA REQUEST FOR ORDER

3 April 5, 2019 Request for Order Calendar PAGE 3 LINE: 2 17-FAM ALEXIS CELESTIAL PAUTIN AND THEOLA ANGELIO BALEROS ALEXIS CELESTIAL PAUTIN THEOLA ANGELIO BALEROS DONNA ECHIVERRI REQUEST FOR ORDER

4 April 5, 2019 Request for Order Calendar PAGE 4 LINE: 3 18-FAM ROSIE SALCEDO VS. WALDO CONCEPCION ROSIE SALCEDO WALDO CONCEPCION AMY A. LAUGHLIN CHRISTINA M ADAMES REQUEST FOR ORDER TENTATIVE RULING: On Petitioner s requests for relief the Court rules as follows: 1) Retroactive guideline child support and temporary spousal support (including Smith/Ostler bonus support): reserve jurisdiction over both child and temporary spousal support retroactive to date of filing of petition for dissolution of marriage, including reservation of determination of any credits for voluntary support. The Court orders setting of two additional hearings for the child/temporary support issues. First, the parties are to select a date on a mutually available 20 minute RFO calendar for setting of interim orders. Second, the parties are to select a date for long-cause hearing on child and temporary spousal support. Prior to the next RFO hearing, both parties are to file updated income and expense declarations amending prior references to unknown and varies. Both parties are to disclose on the income and expense declaration all assets that are known to the party (even if the party believes the disclosure to be incomplete due to withholding of information by the other party) including current balances of all bank deposit accounts titled jointly or separately, schedule Cs or profit and loss statements for all self-employment income, and schedule Cs or profit and loss statements for all rental income. Given the mutual accusations of breach of fiduciary duty, each party is to attach to the filed income and expense declaration a current bank statement showing balances for every jointly or separately titled deposit account that the party is aware exists. Respondent is directed to file and serve an updated declaration explaining the multiple preseparation wire transfers described in Petitioner s reply pleadings and accounting for use of the funds. Petitioner is to file and serve an updated declaration explaining the current location of the funds withdrawn immediately prior to the filing for dissolution and accounting for any funds that have been spent. Her declaration is also to address the disposition of the $60,000 cashier s check referenced in Respondent s responsive pleadings, including an accounting for any funds spent. Both parties are reminded of their ongoing fiduciary duty to provide

5 April 5, 2019 Request for Order Calendar PAGE 5 the other spouse with access at all times to any books kept regarding a transaction for the purpose of inspection and copying (FC 721(b)(1)), rendering upon request, true and full information of all things affecting any transaction that concerns the community property (FC 721(b)(2)), and accounting to the spouse, and holding as a trustee, any benefit or profit derived from any transaction by one spouse without the consent of the other spouse that concerns the community property (FC 721(b)(3). The Court also puts both parties on notice that breach of the above fiduciary duties may result in attorney s fees and award of an entire omitted or secreted asset to the other party pursuant to Family Code 1101(g) and (h). Each spouse is ordered to make diligent efforts to obtain account information accessible to them. Diligent efforts include, at a minimum, accessing and obtaining all available online account statements and contacting banking institutions to obtain hard copies of records not available online. 2) Family Code 2030 attorney s fees: reserved to the hearing above. 3) On request for temporary exclusive control of marital residence and storage units: deny. Both parties are subject to the ATROS and neither may transfer or dispose of any property currently held in any storage unit or the marital residence without written consent of the other spouse or a court order. 4) On request for copy of the Flexible Spending Account card and access to Stanford dependent benefits: The Court orders Respondent to provide Petitioner with copies of any FSA card and any other documents or information necessary to access benefits available to Petitioner as a covered dependent on Respondent s insurance coverage within 24 hours of the earlier of the hearing on this motion or adoption of the Court s tentative ruling. 5) On request for signing of the life insurance policy : deny request to the extent that it seeks a Court order for Petitioner to obtain any life insurance coverage that does not currently exist. Respondent is ordered to provide Petitioner with copies of any existing policies of insurance on his life, including verification of the beneficiary, within 30 days of April 5, Both parties are subject to the ATROS and may not modify any currently existing life insurance coverage or beneficiaries. 6) On request for statement copies and access to all accounts: The Court orders that both parties are to provide each other with all copies of bank statements in their possession for any bank account titled in either of their names separately, titled jointly, or titled in the name of any existing family trust. In their possession includes statements that could be obtained through exercise of reasonable diligence, such as by accessing account online to print statements or contacting bank for copies of statements. Each party is to provide account access information, including but not limited to online login and password information, for all existing jointly titled accounts.

6 April 5, 2019 Request for Order Calendar PAGE 6 Neither party may change the login or password information provided without written consent of the other party. If the login or password information is changed, the party making the change must provide the new login/password to the other party immediately upon making the change. The Court s order for disclosure and account access applies to all accounts in which community or quasi-community property is held or has been commingled, whether in a domestic or foreign banking institution. 7) Pending the continued RFO and long cause hearings, Respondent is directed to pay the following costs: mortgage payments, casualty insurance, and property taxes on the family residence, the minor child s boarding school tuition, room/board, and all unreimbursed necessary medical expenses of the minor child. Petitioner may utilize any existing FSA funds for her uninsured medical expenses pending further hearing subject to reallocation. The Court reserves jurisdiction to reallocate responsibility for all of the above payments, and to adjudicate credits for such payments to the time of the hearing on temporary spousal support. The payments ordered above are not ordered in lieu of temporary spousal support and the Court reserves jurisdiction to the hearing on temporary spousal support to retroactively allocate these payments as payments in lieu of support. Pending the future hearings referenced above, any net rental income from the parties two rental properties must be deposited monthly into the parties joint checking account and made equally available for use for the parties household expenses. 8) On Respondent s request for work search orders: based on untimely filing of responsive papers, reserved to further RFO hearing on interim spousal support orders. 9) The Court on its own motion sets a status conference for May 10, 2019 at 1:30 PM to monitor compliance with the above disclosure and interim payment orders. The Court notifies the parties that it reserves jurisdiction on its own motion to sanction pursuant to Family Code 271 any party failing to comply with the Court s orders to the time of the status conference, the interim RFO hearing, and the long cause hearing. If the parties do not appear based on the Court s tentative ruling, both counsel are to contact the courtroom clerk to set the abovereferenced hearing dates, and Petitioner s counsel is to prepare the Findings and Orders after Hearing.

7 April 5, 2019 Request for Order Calendar PAGE 7 LINE: 4 FAM CO OF SAN MATEO AND BRETT R. BLASING COUNTY OF SAN MATEO BRETT RAYMOND BLASING COUNTY OF SAN MATEO REQUEST FOR ORDER

8 April 5, 2019 Request for Order Calendar PAGE 8 LINE: 5 FAM CHARLES HOYNOWSKI AND HELEN HOYNOWSKI CHARLES HOYNOWSKI HELEN HOYNOWSKI STEPHEN J. MONTALVO REQUEST FOR ORDER RE: MODIFICATION

9 April 5, 2019 Request for Order Calendar PAGE 9 LINE: 6 FAM TONIA BROUSSARD AND ERIC BREUNINGER TONIA A BROUSSARD ERIC W BREUNINGER REQUEST FOR ORDER

10 April 5, 2019 Request for Order Calendar PAGE 10 LINE: 7 FAM CARLOS AGUILAR AND MARIA MORA CARLOS AGUILAR MARIA MORA JOSEPH R. ZOUCHA REQUEST FOR ORDER MODIFYING: CHILD CUSTODY

11 April 5, 2019 Request for Order Calendar PAGE 11 LINE: 8 FAM CELESTE ESTORCO AND DINO MARTIN CELESTE M. MAMBAJE ESTORCO DINO M. ARUCAN MARTIN REQUEST FOR ORDER RE: MODIFICATION

12 April 5, 2019 Request for Order Calendar PAGE 12 LINE: 9 FAM EMMALYNN VALIENTE AND NEVID EFRAIN VALIENTE EMMALYNN VALIENTE NEVID EFRAIN VALIENTE REQUEST FOR ORDER MODIFYING: VISITATION

13 April 5, 2019 Request for Order Calendar PAGE 13 LINE: 10 FAM TERESA CHEE AND HANLEY CHAN TERESA CHEE HANLEY CHAN MONICA J. LEVAVI REQUEST FOR ORDER POSTED: 3:00 PM