SPECIAL SET HEARING ON: PETITION FOR RELIEF SET BY DEPT .1
* TENTATIVE RULING: *
The court denies petitioner’s petition for relief under Government Code section 946.6 from the claim presentation requirement.
Background
In May 2013, petitioner caused to be filed a Family Law Code section 730 confidential
assessment (the “Assessment”) in an Alameda County Superior Court support and custody action, related case numbers D802925 and AF 12654762. (Opening Brief at 2:19-21; Ex. A to Lawson Decl., Gov’t Claim, p. 2.) The report was prepared by Donald Niall Fallin, Psy.D. Judge Bean stated during a hearing that month that the report had been received and was in the court’s file. (Opening Brief at 2:23-24.) At the trial in February 2014, Judge Pulido allegedly also acknowledged that the assessment was in the court’s file and physically held it up to the parties and counsel. (Id. at 2:25-26.)
After those family law proceedings ended and the minor child reached the age of 18, petitioner file
Hearing Date
September 03, 2020
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SPECIAL SET HEARING ON: PETITION FOR RELIEF SET BY DEPT .1
* TENTATIVE RULING: *
The court denies petitioner’s petition for relief under Government Code section 946.6 from the claim presentation requirement.
Background
In May 2013, petitioner caused to be filed a Family Law Code section 730 confidential
assessment (the “Assessment”) in an Alameda County Superior Court support and custody action, related case numbers D802925 and AF 12654762. (Opening Brief at 2:19-21; Ex. A to Lawson Decl., Gov’t Claim, p. 2.) The report was prepared by Donald Niall Fallin, Psy.D. Judge Bean stated during a hearing that month that the report had been received and was in the court’s file. (Opening Brief at 2:23-24.) At the trial in February 2014, Judge Pulido allegedly also acknowledged that the assessment was in the court’s file and physically held it up to the parties and counsel. (Id. at 2:25-26.)
After those family law proceedings ended and the minor child reached the age of 18, petitioner file