Petitioner's Request for Order re 'Pay Loan', etc.
Stanislaus County - FamilyLaw - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/family-law-t entative-rulings Family Law Tentative Rulings
The family court issues tentative ruling announcements on the court day prior to the scheduled hearing for specific types of motions. Tentative rulings are only provided on the Internet and posted in the clerk's office lobby. Internet postings occur at 3:30 p.m. daily. Parties are not required to give notice of intent to appear to preserve the right to a hearing. The tentative ruling will not become final until the hearing. (Stan. Cnty. Local Rules, rule 7.05.1)
However, as a courtesy to the Court, and other parties or counsel with matters on calendar, notice of intended appearance or non-appearance is encouraged and may be sent by e-mail to the following address: familylaw.tentatives@stanct.org between the hours of 1:30 p.m. and 4:00 p.m. If you do not receive a confirmation e-mail from the clerk, you may call to speak directly with a Calendar Clerk at 209-530-3107.
Any party filing pleadings or documents on a tentative ruling matter within five (5) days of the hearing should provide a courtesy copy to the Courtroom Clerk and the Court's Family Law Research Attorney by placing a copy in the drop box slot on the door of Room 223, Second Floor of the main Courthouse. Failure to do so may prevent the Court from consideration of such, may result in a continuance, and/or may be considered in the award of conduct-based fees and costs. (Stan. Cnty. Local Rules, rule 7.05.1(B).)
All parties and counsel are required to meet and confer in a good faith effort to resolve the dispute on any request, motion or hearing, with the exception of those involving domestic violence, and to exchange any documents upon which reliance will be made at the hearing. (Cal. Rules of Ct., rule 5.98; Stan. Cnty. Local Rules, rule 7.05.1(C).) Failure to do so may result in a continuance and may be considered in the award of conduct-based fees and costs, or both. If sufficient information regarding an adequate pre-hearing meet and confer effort is not provided in the moving and opposing papers, in the Court's discretion, the matter may be placed at the end of the calendar and not called until the parties or counsel advise the Court that they have complied with their obligations and/or resolved the matter s own motion, the Court orders Respondent to comply within thirty (30) days of this ruling and admonishes Respondent that the failure to do so may result in the striking of the Response and entry of Respondent's default.
Date: 6/17/2026
The following are the tentative ruling cases calendared before Judge Alan Cassidy in Department #11: THERE ARE NO TENTATIVES.
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The following are the tentative ruling cases calendared before Judge J. Richard Distaso in Department #13: FL-25-0003115 - VARGAS VS VARGAS
Petitioner's Request for Order re "Pay Loan," etc.-- HEARING REQUIRED. Proof of personal service of Respondent is on file and demonstrates presumptively valid and timely service. Respondent has not filed a Responsive Declaration or other opposition and presently remains in custody. That said, Respondent's default was entered on February 3, 2026, but no judgment has been entered by Petitioner.
According to Petitioner, the mortgage on the marital residence is in default and foreclosure proceedings have been initiated. In these circumstances, the Court has the authority to grant a pre-trial sale order. (Fam. Code, Sec. 2108.) However, Petitioner further alleges that she has obtained secondary financing in order to cover sale and escrow costs to avoid foreclosure and asks that Respondent be ordered to "pay this loan in full." Petitioner attaches a standard form Settlement Statement from the title company, but this document does not apprise the Court as to the fair market value of the residence compared to the stated sale price of $390,000. Moreover, the "Promissory Note" also attached by Petitioner contains a term prohibiting assignment without the prior written consent of the lender and an acceleration clause that makes the entire debt due and payable upon breach.
As such, the Court is not inclined to grant the request on this showing and, even if the Court did, this would not necessarily eliminate Petitioner's duty to pay the installments when due and avoid breach and acceleration in the even of non-payment. Of course, Petitioner is free to submit a proposed judgment that discloses this debt and seeks to assign it to Respondent as his separate property provided doing so otherwise produces an equal division of the marital estate, with or without an equalization payment by Petitioner to Respondent.
The Court must remain neutral and may not offer legal advice to either party, but the law provides for an unequal division under certain circumstances, so Petitioner may wish to seek legal advice at her own expense and is always welcome to contact the Court's Self-Help Center for free assistance with legal forms and procedures not including legal advice.
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: THERE ARE NO TENTATIVES.