Petitioner's Request for Order re Enforce Judgment, Sale of Real Property, and Related Relief
Respondent. That said, need-based attorney's fees and costs have also been requested and may be considered at the hearing.
The following are the tentative ruling cases calendared before Judge J. Richard Distaso in Department #13: THERE ARE NO TENTATIVES.
The following are the tentative ruling cases calendared before Judge Sarah Birmingham in Department #14: THERE ARE NO TENTATIVES.
The following are the tentative ruling cases calendared before Judge Maria Elena Ramos-Ratliff in Department #25: FL-24-000352 - LACHINO VS CORTES Petitioner's Request for Order re Enforce Judgment, Sale of Real Property, and Related Relief is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE, and is unopposed.
Personal service upon Respondent is on file and demonstrates presumptively valid and timely post-judgment service in compliance with Family Code section 215. Respondent has not filed a Responsive Declaration or other opposition. Accordingly, on the basis of Petitioner's declaration, the documentary evidence submitted, and the parties' final judgment entered on December 31, 2025, the Court grants enforcement of the Judgment as set forth below.
The Court finds that the real property located at 1722 Denver Avenue, Modesto, California, was adjudicated in the Judgment as community property to be sold, with net sale proceeds to be divided equally between the parties. The Judgment further reserved jurisdiction to resolve issues relating to the sale and distribution of proceeds.
The Court confirms that Mr. Julio Gomez shall oversee the sale of the property pursuant to the Judgment and stipulation of the parties, with a commission of 2.5%, unless otherwise agreed in writing by the parties or ordered by the Court. The parties are ordered to fully cooperate in all actions reasonably necessary to effectuate the listing and sale of the property. The listing price shall be determined in consultation with the parties and the realtor. In the event the parties are unable to reach agreement within a reasonable time, Petitioner, shall have final decision-making authority regarding listing price and sale terms, subject to the realtor's written recommendation and absent further court order.
All net proceeds from the sale, after payment of customary costs of sale, liens, encumbrances, commissions, and escrow fees, shall be distributed through escrow in accordance with the Judgment and any further orders of the Court. If Respondent refuses to comply with these orders or execute necessary sale documents, Petitioner may seek leave ex parte for appointment of the clerk as elisor to execute documents on Respondent's behalf, provided Petitioner complies with Local Rule 7.08(A) and any other applicable local procedures.
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Petitioner's request for allocation or distribution of rental income generated from trailers located on the property is DENIED WITHOUT PREJUDICE. The Court finds that the ownership, characterization, and income derived from the trailers were not adjudicated in the Judgment entered on December 31, 2025, and the present record is insufficient to determine ownership interests or entitlement to rents. Nothing herein precludes either party from seeking future relief upon an appropriate evidentiary showing and legal basis.