Tentative Ruling

Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

FAMILY LAW
Paul Feller v. Beth Grant
Case No: 1383288
Hearing Date: Tue Nov 05, 2019 10:30

Nature of Proceedings: Status Hearing re Payment

Status Hearing re Payment

Attorneys: Petitioner in pro per; Marlea F. Jarrette for Respondent

Ruling: There has been no explanation made why Respondent or her counsel failed to appear on the appointed day; apparently Citee had or has the necessary check in hand.

Background

This matter did not go forward at the last hearing because Respondent’s counsel failed to appear; the case was continued sua sponte to November 5, 2019, and Citee was ordered to return.

On 10/15 the Court noted that this case was on calendar because the Court held a contempt of court trial on 7/16/19 and at the conclusion of the trial ruled that Petitioner, Paul Feller, was in contempt of court. He was sentenced to 5 days in jail, but the jail time was stayed 90 days to October 15, 2019, at 10:30 AM. The jail time would be vacated if he had paid Jarrette & Walmsley, LLP, the principal sum of $6,000 less any sums paid but not cleared through the Jarrette & Walmsley, LLP office (possibly $750 but Petitioner will be obligated to prove said sums were in fact paid if disputed on the date set hereafter), plus accrued interest of $153.71, plus attorney’s fees incurred in the amount of $3,917 on or before October 14, 2019.

The status hearing was set for 10/15. There was no status report filed yet.

Citee Feller appeared on 10/15 and said he had a check or cashier’s check for Petitioner; he wanted to address the Court but the Court could not discuss any issues with him since opposing counsel was not present. The case was continued sua sponte.

Notice of continuance was given.

On 10/29 Respondent’s counsel filed a status report; reports since the Decision was entered on July 16, 2019, ordering Mr. Feller to pay $6,000, plus accrued interest of $153.71, plus attorney’s fees in the amount of $3,917, for a total of $10,070.71, Mr. Feller has paid the following sums:

7/16/19 $250.00

7/30/19 $250.00

Mr. Feller currently owes the sum of $9,820.71 He has not made a payment since August 1, 2019. Unless Mr. Feller pays the amount due of $9,820.71 by November 5, 2019, counsel requests that Mr. Feller be taken into custody to serve five days in County Jail pursuant to the Court’s July 16, 2019 Decision. Counsel will collect the sums due her by other means available to her.

The Court’s Conclusions

The Court can find no explanation made as to why Respondent or her counsel were not present at the 10/15 hearing; that makes these kind of cases difficult.