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in San Francisco County
Ruling
FDI-23-797890
Jul 25, 2024 |
FDI-23-797890
2 COUNTY OF SAN FRANCISCO
3 UNIFIED FAMILY COURT
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5
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6 BREAUX ALANDER WALKER, ) Case Number: FDI-23-797890
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7 Petitioner ) Hearing Date: July 25, 2024
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8 VS. ) Hearing Time: 9:00 AM
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9 EDITH SILVER WALKER, ) Department: 403
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10 Respondent ) Presiding: RUSSELL S. ROECA
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11 )
12 REQUEST FOR ORDER OF REQUEST FOR MOVE AWAY AND CUSTODY ORDERS CHILD
13 CUSTODY, CHILD SUPPORT, MOVE TO MARYLAND
14 TENTATIVE RULING
15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the
16 Court makes the following findings and orders:
17 Custody Evaluation
18 The parties are currently undergoing a child custody evaluation by Alison Urdan. The Court has not been
19 provided with an update as to the status of the CCE and expected date of receipt of the CCE. This matter
20 is continued to September 24, 2024 for receipt of the CCE. Both parties shall file and serve update
21 declarations directed exclusively at the CCE.
22 Financial
23 This matter is continued from the 5/23/2024 hearing date for child support to be recalculated, as
24 the current child support order was set to $0 on that date. The parties were ordered to file updated income
25 and expense declarations and Statement of Support Calculations, 10 days in advance of the next hearing
26 date. Father failed to provide any of the requested documents.
27 Mother shall serve and file an amended income and expense declaration and attach the check stub
28 for her severance pay and proof of her unemployment income by 5:00pm on 7/25/2024. Mother omitted
29 these required documents from her income and expense declaration.
1 Under Family Code section 4053(a), a parent’s first and principal obligation is to support the
2 parent’s minor children according to the parent’s circumstances and station in life. The Court finds that
3 Father has the ability to work full-time. The Court previously imputed to Father full-time minimum wage
4 income at $3,132 (SF minimum wage) gross per month. The Court finds it is the best interest of the
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5 children to impute Father income in the amount of $20,000 per month, based on representations he made
6 in his 5/16/2024 declaration.
7 A printout of the Dissomaster computer calculation and findings is attached and
8 incorporated in this order. The Court adopts Mother’s Dissomaster A for the time period of 5/1/2024
9 (the date Father started his new position with SunCar) through 7/23/2024 (the date that Mother’s
10 severance ended), Father shall pay to Mother $2,913 per month in guideline child support. Thus, Father
11 shall pay to Mother, child support arrears in the amount of $2,913 for May 2024, $2,913 for June 2024,
12 and $2,161 for July 1-23 2024. The Court adopts Mother’s Dissomaster B for the time period of
13 7/23/2024- current in the amount of $3,829. Father shall pay to Mother child support arrears to Mother in
14 the amount for $988 for 7/24/2024-7/31/2024. Total support arrears owed from Father to Mother for the
15 period of 5/1/2024-7/23/2024 is $8,975. Father shall pay this amount to Mother in six equal payments of
16 $1,495.83 commencing 8/15/2023 and on the 15th of each month thereafter, until paid in full.
17 Commencing 8/1/2024 and going forward, in accordance with Dissomaster B, Father shall pay to
18 Mother $3,829 per month is guideline child support on the first of every month.
19 Once Mother becomes employed, she shall immediately inform Father and schedule a meet and
20 confer, so the parties can stipulate to a guideline child support agreement that comports with the change.
21 Mother shall serve and file the agreement with the Court.
22 Counsel for Mother shall prepare the order. Preparation of Order: If you are directed by the
23 court to prepare the order after hearing – within 10 calendar days of the hearing you must either: (a) Serve
24 the proposed order to the other party/counsel for approval, and follow the procedures set forth in CA
25 Rules of Court, Rule 5.125(c), or (b) If the other party did not appear or the matter was uncontested,
26 submit the proposed order after hearing directly to the court. Failure to submit the order after hearing
27 within 10 days may allow the other party to prepare a proposed order and submit it to the court in
28 accordance with CA Rules of Court, Rule 5.125(d).
29
n'ORNEY (NAME ANOADORESS): TELEPHONE NO:
w MOO!Ou-
tate of California.County of
"to ½o
nne Fokstuen
Law office of Anne Fokstuen STREET ADDRESS:
MAILING ADDRESS:
BRANCH NAME:
California
noRNEY FOR: Mother
DISSOMASTER REPORT ASE NUMBER:
2024, Monthly FDI-23-797890 Dissomaster A
Input Data Father Mother Guideline (2024) Cash Flow Analysis Father Mother
Number of children 0 3 Nets (adjusted) Guideline
% time with Second Parent 33% 0% Father 13,498 Payment (cost)/benefit (2,913) 2,913
Filing status HH/MLA HH/MLA Mother 6,633 Net spendable income 10,586 9,545
# Federal exemptions 2 3 Total 20,131 % combined spendable 52.6% 47.4%
Wages + salary 20,000 9,068 Support Total taxes 6,502 1,720
401(k) employee contrib 0 0 CS Payor Father Comb. net spendable 20,131
Self-employment income 0 0 Presumed 2,913 Proposed
Other taxable income 0 0 Basic CS 2,913 Payment (cost)/benefit (2,913) 2,913
Short-term cap. gains 0 0 Add-ons 0 Net spendable income 10,586 9,545
Long-term cap. gains 0 0 Presumed Per Kid NSI change from gdl 0 0
Other gains (and losses) 0 0 Child 1 554 % combined spendable 52.6% 47.4%
Ordinary dividends 0 0 Child 2 866 % of saving over gdl 0% 0%
Tax. interest received 0 0 Child 3 1,493 Total taxes 6,502 1,720
Social Security received 0 0 Spousal support blocked Comb. net spendable 20,131
Unemployment compensation 0 0 Total 2,913 Percent change 0.0%
Operating losses 0 0 Proposed, tactic 9 Default Case Settings
Ca. operating loss adj. 0 0 CS Payor Father
Roy, partnerships, S corp, trusts 0 0 Presumed 2,913
Rental income 0 0 Basic CS 2,913
Misc ordinary tax. inc. 0 0 Add-ons 0
Other nontaxable Income 0 0 Presumed Per Kid
New-spouse income 0 0 Child 1 554
SS paid other marriage 0 0 Child 2 866
CS paid other relationship 0 0 Child 3 1,493
Adj. to income (ATI) 0 0 Spousal support blocked
9.3% elective PTE payment 0 0 Total 2,913
Ptr Support Pd. other P'ships 0 0 Savings 0
Health insurance 0 715 Mother 0
Qual. Bus. Inc. Ded. 0 0 Father 0
Itemized deductions 0 0 No releases
Other medical expenses 0 0
Property tax expenses 0 0
Ded. interest expense 0 0
Charitable contribution 0 0
Miscellaneous itemized 0 0
State sales tax paid 0 0
Required union dues 0 0
Cr. for Pd. Sick and Fam. L. 0 0
Mandatory retirement 0 0
Hardship deduction o· O*
Other gdl. adjustments 0 0
AMT Info (IRS Form 6251) 0 0
Cfii...
Child support add-ons 0 0
(Rev. Mar, 2024)
OlssoMasterâ„¢ 2024-1 DissoMaster Report (Monthly) Page I of2
7/15/2024 12:26 PM
Anne Fokstuen, Law office of Anne Fokstuen
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Ruling
CECCHINI REALTY CO. VS. ALYENAA BUCKLES ET AL
Jul 22, 2024 |
CUD24674431
Real Property/Housing Court Law and Motion Calendar for July 22, 2024 line 7. DEFENDANT ANNA CHALMERS AKA ANNA FERENTINOS DEMURRER TO AMENDED COMPLAINT is SUSTAINED with leave to amend for Plaintiff to allege that Plaintiff does not have a complete copy of the lease or the lease attached to the complaint sans paragraphs 13 (partial), 14 and 15 is the only copy of the lease in Plaintiff's possession. Plaintiff's improper declaration in support of the opposition is stricken and not considered. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
JOSEPH A. UNIACKE ET AL VS. SARAH THOMPSON ET AL
Jul 22, 2024 |
CUD24674800
Real Property/Housing Court Law and Motion Calendar for July 22, 2024 line 8. PLAINTIFF JOSEPH UNIACKE AS TRUSTEE OF THE JOSEPH AND MARY UNIACKE REVOCABLE TRUST, DATED JUNE 6, 2019, MARY UNIACKE MOTION FOR SUMMARY JUDGMENT is OFF CALENDAR per request of the moving party. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
FDV-23-816772
Jul 23, 2024 |
FDV-23-816772
2 COUNTY OF SAN FRANCISCO
3 UNIFIED FAMILY COURT
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5
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6 LORINA STHAPIT, ) Case Number: FDV-23-816772
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7 Petitioner ) Hearing Date: July 23, 2024
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8 VS. ) Hearing Time: 9:00 AM
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9 PURSARTH TULADHAR, ) Department: 403
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10 Respondent ) Presiding: RUSSELL S. ROECA
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11 )
12 REQUEST FOR ORDER CHILD SUPPORT
13 REQUEST FOR ORDER SPOUSAL OR PARTNER SUPPORT
14 TENTATIVE RULING
15 The matter is transferred to Dept. 416, to be heard at 9:00AM on 7/23/2024. Parties may appear by Zoom
16 or phone.
17 www.zoom.com/join
18 Meeting ID: 161 123 0725
19 Passcode: 040696
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Ruling
JULIA MALDONADO VS. DELTA DENTAL OF CALIFORNIA ET AL
Jul 22, 2024 |
CGC23607772
Matter on the Discovery Calendar for Monday, July 22, 2024, line 5, DEFENDANT DELTA DENTAL OF CALIFORNIA'S Motion To Compel Enforcement Of Records Subpoena And Request For Sanctions Against Plaintiff And Plaintiffs Counsel Pro Tem Judge David McDonald, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Motion granted. The Court notes that Plaintiff agreed to produce documents responsive to the subpoena, except for the emergency contact information. Defendants have a right to confirm that all documents have been produced by Kaiser. Plaintiff shall execute an authorization to Kaiser allowing production absent the emergency contact information. Sanctions of $950 imposed against Plaintiff. For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Discovery Department 302. Any party who contests a tentative ruling must send an email to davididaho14@gmail.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. The court no longer provides a court reporter in the Discovery Department. Parties may retain their own reporter, who may appear remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. = (302/JPT)
Ruling
JENNY SILVA-ROLAND ET AL VS. BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK ET AL
Jul 23, 2024 |
CGC23607732
Real Property/Housing Court Law and Motion Calendar for July 23, 2024 line 2. DEFENDANT BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK , AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2007-A, SPECIALIZED LOAN SERVICING, LLC DEMURRER TO 1ST AMENDED COMPLAINT is continued to September 13, 2024. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
GAETANI REAL ESTATE VS. ZACHARY HOWITT ET AL
Jul 22, 2024 |
CUD23672769
Real Property/Housing Court Law and Motion Calendar for July 22, 2024 line 5. DEFENDANT ZACHARY HOWITT NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFFS ATTENDANCE AT DEPOSITION AND REQUEST FOR SANCTIONS Hearing Required. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
EVAN KROW VS. ACCESS MARIN, INC. ET AL
Jul 26, 2024 |
CGC23604737
Matter on the Law & Motion calendar for Friday, July 26, 2024, Line 5. DEFENDANT ROBERT ELAM's Motion For Relief From Default. The motion is ordered off calendar to enable the moving party to comply with Local Rule 2.7(B) (courtesy copies). =(302/RCE)