GUTIERREZ VS MACIAS
Respondent's Request for Order re Preventing Sale, etc.
Motion type
Parties
Ruling
inadvertence or excusable neglect. It is not clear from Respondent's declaration which ground(s) she asserts is the basis for relief and Petitioner alleges there are none and that this is a case of "settlor's remorse" after a Marital Settlement Agreement was negotiated between them.
The Court cannot resolve this factual dispute without a hearing. That said, the policy of the law favors set aside and Petitioner has not advanced any harm, cost or prejudice that would follow from the Court granting relief.
The following are the tentative ruling cases calendared before Judge Sarah Birmingham in Department #14: FL-24-002729 - GUTIERREZ VS MACIAS Respondent's Request for Order re Preventing Sale, etc.-- HEARING REQUIRED.
Temporary orders were granted and proof of personal service is on file for Petitioner but no Responsive Declaration or other opposition has been filed. Regarding an order to prevent the listing and sale of the subject property, the Automatic Temporary Restraining Orders (ATRO's) are in effect and already constitute an order prohibiting either party from liquidating any community property without prior stipulation or court order. That said, if Respondent's declaration is accurate and there is evidence before the Court at the hearing of a pending listing and/or sale, the Court has the power to issue injunctive relief to enjoin such a violation of the ATRO's.
Respondent's remaining request is for authorization to file and/or record a Notice of Pending Action (aka Lis Pendens). This is not an act that the Court has legal authority to order or to issue on its own motion but is rather a pleading that a party with an ownership interest of disputed title to real property chooses whether to file or not. The filing and/or recording of a Lis Pendens is not per se a violation of the ATRO's. Respondent may wish to seek legal advice at her own expense but is also welcome to contact the Court's Self-Help Center for free assistance with legal forms and procedures that do not entail legal advice.
The following are the tentative ruling cases calendared before Judge Maria Elena Ramos-Ratliff in Department #25: THERE ARE NO TENTATIVES.
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