Judge: Shirley K. Watkins, Case: 22VECV00890, Date: 2023-02-10 Tentative Ruling

Case Number: 22VECV00890    Hearing Date: February 10, 2023    Dept: T

VAN CAMP
22VECV00890

Tentative order on OSC:

The court finds that if plaintiff is seeking civil remedies only (such as judicial foreclosure, equitable subordination, damages for fraud), then there is no need for any portion of the case to be transferred to Family Law.  However, if plaintiff is seeking Family Law remedies including attorney fees under the Family Code, modification of support orders or the judgment, rescission of the judgment or any requests which may modify or change the family law orders, then those claims should be transferred to Family Law. 

As the complaint specifically seeks remedies under the Family Code (paragraph 28), this issue needs to be discussed.  However, the court will hold this determination until appearance by the defendants.  The court notes there has not been an appearance by the defendants.  As both defendants are attorneys, the court will require fair notice by a date certain before default is entered against them.

The stay is lifted effective 2/10/2023.

CMC and OSC is continued to April ___, 2023 at 8:30 a.m.