Kristen Boatner V. Chadbourn Boatner

No appearances necessary. The Petition for Dissolution was filed January 16, 2024. A Proof of Service (FL-115) is filed. More than 30 days have passed since service and no Response is filed. Petitioner must file the form FL-165 and request entry of default and proceed to default judgment. Further case management is scheduled for November 5, 2024 at 8:30 a.m. in Department 3. A Family Law CMC Statement must be filed and served at least 15 days prior to the CMC. (https://www.amadorcourt.org/localForms/familyLaw/FamilyLaw_CMC-STATEMENT.pdf

SIERRA PACIFIC WAGE AND HOUR CASES Case Number: 5235 Tentative Ruling on Case Management Conference: This coordinated proceeding is on calendar for a Case Management Conference. The Court has reviewed the Case Management Conference Statements filed by Plaintiff Smith and Defendant Sierra Pacific Industries. STAY. The McDonald matter remains stayed pending appeal. CLASS NOTICE. The Court appreciates the efforts made by SPI in identifying employees placed at SPI by staffing agencies and is in agreement with SPI’s suggestions regarding the employees at SPI placed by Sonora Employment Agency. The Court invites Plaintiff McDonald to discuss the proposals made by SPI. MOTIONS. There are currently no motions pending in the Smith matter. Pending in McDonald are SPI’s Motion for Extension of Time to Comply with Court Order Due to Impossibility that was filed on August 31, 2023 and SPI’s Motion for Protective Order Regarding Preservation and Production of Video Camera Footage that was filed on September 1, 2023. Both motions are stayed. TRIAL DATES. McDonald is not presently set for trial. The Court notes that Plaintiffs in Smith filed their Third Amended Complaint on February 28, 2024. SPI filed an Answer on April 2, 2024. As the matter is now at issue, the parties should be ready to discuss a timeline for a Motion for Class Certification. FURTHER CASE MANAGEMENT CONFERENCE DATE. The Court intends to set a further Case Management Conference and will discuss available dates with counsel.

FL-19-002701 – WHITTAKER VS GRAY Petitioner’s Request for Order re Enforce Judgment, etc.—HEARING REQUIRED. The Court finds that proof of service is on file and reflects valid and timely individual mail service of Respondent as required.  (Fam. Code, § 215(a).)  Respondent did not file a Responsive Declaration or written opposition.  Consequently, the Court is inclined to grant the requested relief.  However, a final judgment is already an “order” that the parties are bound to comply with and a further order to comply by the Court would be redundant.  That said, Petitioner’s claims all relate to that part of the judgment dealing with division of pension plans and this has not been accomplished due to Respondent’s non-cooperation.  Accordingly, the Court will not further delay proceedings by again ordering Respondent’s cooperation and, instead, finds good cause to appoint the clerk of the Court as elisor to sign the QDRO and other necessary papers on Respondent’s behalf.  But Petitioner must first submit a proposed order with the exact documents to be signed attached to it for review and approval by the Court.  (Local Rules, rule 7.08(A).)  Petitioner is free to use all the means to obtain information provided by the Civil Discovery Act if documents or other information has not been provided by Respondent.  (Fam. Code, § 218.)  And the Court will reserve jurisdiction over the issue of monetary sanctions against Respondent for the necessity of Petitioner having to file post-judgment motions to obtain Respondent’s compliance.

Case Number: 24STCP01521 Hearing Date: July 15, 2024 Dept: 9 The criminal history assessment that the Courts Clerks Office has run through CLETS reveals that Petitioner has multiple active outstanding warrants. Reference #W317936055 and #W960254166 Petitioner must clear the outstanding warrant and file evidence of such before the Court will rule on the petition for name change. The OSC and hearing on the petition for name change are continued to September 9, 2024 at 9:30 am. No later than two weeks before the continued OSC and hearing, Petitioner must file written proof that the outstanding bench warrant has been fully addressed and resolved. Failure to do so will result in the OSC and hearing on the petition being taken off calendar without prejudice to be placed back on calendar upon filing of proof that all outstanding warrants have been cleared. The Court Clerk is to run a new criminal history assessment prior to the continued OSC to verify that the warrant has been cleared. In addition, no proof of publication has been filed. Petitioner must file proof of publication no later than one week before the continued (September 9, 2024) hearing date. Failure to do so will result in denial and dismissal of the petition without prejudice. Court Clerk to give notice. The Court Clerk is to give notice to all parties.

Case Number: 24STCP01548 Hearing Date: July 15, 2024 Dept: 9 Petitioner must double check the spelling and legibility of the new name on the proposed decree. If Petitioner is satisfied with the spelling and legibility of the new name on the proposed decree, NO APPEARANCE IS NECESSARY. If the new name is not clearly written and correctly spelled on the proposed decree, Petitioner must appear at the hearing to submit a corrected proposed decree. The petition is granted. A copy of the signed decree will be available in Room 112 of the Clerk's Office seven days after the date of the hearing. Once the proposed decree is signed, it cannot be amended without a new petition to change name.

SIERRA PACIFIC WAGE AND HOUR CASES Case Number: 5235 Tentative Ruling on Case Management Conference: This coordinated proceeding is on calendar for a Case Management Conference. The Court has reviewed the Case Management Conference Statements filed by Plaintiff Smith and Defendant Sierra Pacific Industries. STAY. The McDonald matter remains stayed pending appeal. CLASS NOTICE. The Court appreciates the efforts made by SPI in identifying employees placed at SPI by staffing agencies and is in agreement with SPI’s suggestions regarding the employees at SPI placed by Sonora Employment Agency. The Court invites Plaintiff McDonald to discuss the proposals made by SPI. MOTIONS. There are currently no motions pending in the Smith matter. Pending in McDonald are SPI’s Motion for Extension of Time to Comply with Court Order Due to Impossibility that was filed on August 31, 2023 and SPI’s Motion for Protective Order Regarding Preservation and Production of Video Camera Footage that was filed on September 1, 2023. Both motions are stayed. TRIAL DATES. McDonald is not presently set for trial. The Court notes that Plaintiffs in Smith filed their Third Amended Complaint on February 28, 2024. SPI filed an Answer on April 2, 2024. As the matter is now at issue, the parties should be ready to discuss a timeline for a Motion for Class Certification. FURTHER CASE MANAGEMENT CONFERENCE DATE. The Court intends to set a further Case Management Conference and will discuss available dates with counsel.

Case Number: 24STCP01553 Hearing Date: July 15, 2024 Dept: 9 The petition is CONTINUED to September 9, 2024 at 9:30 am. No proof of publication has been filed. Petitioner must file proof of publication no later than one week before the continued hearing date. Failure to do so will result in denial and dismissal of the petition without prejudice. Court Clerk to give notice.

IN RE: BASSETT Case Number: 24CV-0204432 Tentative Ruling on Petition for Change of Name: Petitioner Brittany R. Basset seeks to change the name of her minor son. No proof of publication has been submitted. The Court requires a Certificate of Publication from the publishing newspaper before the Petition may be granted. Additionally, the father of the minor has objected to the proposed name change. An appearance by Petitioner and the father are necessary on today’s calendar.