Petitioner's Request for Order re Setting Aside
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: June 1, 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: 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-25-000272 - WILSON VS WILSON
Petitioner's Request for Order re Setting Aside, etc.-- GRANTED, and unopposed. This matter was involuntarily dismissed on March 12, 2026, for failure to appear and failure to prosecute. Proof of service is on file and Respondent has not filed a Responsive Declaration. Petitioner's request was filed within six (6) months of dismissal and is accompanied by an affidavit of fault by Petitioner's counsel of record attesting to counsel's mistake, surprise, inadvertence and/or excusable neglect in not calendaring appearances due, in part, to counsel's absence from office and technology failures. It appears that an uncontested judgment is postured for filing upon set aside of the dismissal. Accordingly, there appears to be no prejudice to Respondent should the request be granted.
Based on the preceding, set aside is mandatory pursuant to Code of Civil Procedure section 473, subdivision (b), which provides in pertinent part: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to the attorney's mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against the attorney's client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against the attorney's client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.
That said, in the interests of justice and in the Court's discretion, in granting set aside of the order vacating dismissal, the Court will, should Respondent appear and so request, order Petitioner's counsel to pay an costs or attorney's fees occasioned by the delay and reinstatement according to proof and in an amount not greater than $1,000.00, and will order the Proof of Service of Summons struck and direct that a new Summons shall issue and that the reinstated Petition be served on Respondent according to law, who shall then have the usual time to file a responsive pleading. (Code Civ. Proc., 473(c)(1)(A),(C) [if relief granted the court may impose a penalty and "[g]rant other relief as appropriate"].)