Respondent's Request for Order re Set Aside Judgment
#25: FL-22-001258 - GOMEZ VS MARQUEZ Respondent's Request for Order re Set Aside Judgment-- DENIED, without prejudice.
Non-Party Catalina Lopez filed this order request on behalf of Respondent, purportedly by and through a Power of Attorney (POA). This is not sufficient to confer standing on Non-Party to file the present order request. Only a party may be self-represented. Non-Party is not an attorney and only attorneys may act as counsel of record for a party.
A POA may be sufficient for Non-Party to petition and be appointed to act as Respondent's Guardian Ad Litem (GAL), but Non-Party has not requested or been approved and appointed as such. Respondent may wish to seek legal advice at his own expense, but is also welcome to contact the Court's Self-Help Center for free assistance with legal forms and procedures but not legal advice.
FL-22-001800 - CAMACHO VS MENDOZA Petitioner's Request for Order re Omitted Assets-- DENIED, without prejudice.
Petitioner sought and was granted an Order to Reschedule the hearing from the original date to this date due to not having been able to effectuate service. There is still no Proof of Service on file and no Responsive Declaration or other opposition has been filed by Respondent. Valid and timely individual party service in post-judgment order requests is jurisdictional. (Fam. Code, Sec. 215(a).)
Accordingly, the Court may not hear this matter unless and until proper service is made. Petitioner may appear and demonstrate good cause for another continuance but otherwise the matter will be dropped for non-service at the hearing.
FL-25-003145 - OLIVAS VS AGUIRRE Petitioner's Request for Order re Spousal Support, etc.-- HEARING REQUIRED, in part; DENIED, without prejudice, in part.
The requests for spousal and child support are not eligible for tentative ruling and a hearing is required. The request for property division and termination of marital status are denied without prejudice.
If the parties do not agree on the division of community property, then the matter is heard and decided by the Court at trial. To seek property division, or termination of marital status, in advance of trial, a party must satisfy all the procedural prerequisites and must file and serve a proper request for bifurcation of those issues and demonstrate good cause for the Court to hold an early and separate trial. (Cal. Rules of Ct., rule 5.390.) Petitioner did not do so.
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