Category Archives: San Francisco Superior Court Tentative Ruling

MONA LISA WALLACE, Petitioner VS. KURT HURTADO, Respondent

MONA LISA WALLACE, ) Case Number: FDI-14-781919
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Petitioner ) Hearing Date: March 1, 2018
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VS. ) Hearing Time: 9:00 AM
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KURT HURTADO, ) Department: 404
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Respondent ) Presiding: DANIEL A. FLORES
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REQUEST FOR ORDER -RE: SANCTIONS; COOPERATION WITH REFINANCE, CONDUCT ORDERS AND TO CLARIFY TRAVEL EXPENSE ORDER

TENTATIVE RULING

After considering the pleadings and declarations submitted for and against the subject requests for orders, the Court makes the following findings and orders:

1. The issue of tuition add-ons will be heard in Department 416 along with other pending child support matters involving the Department of Child Support Services;

2. Petitioner’s request for attorneys fees under section 271 of the Family Code is granted in part. The Court finds that Respondent’s conduct in failing to cooperate with the quitclaim deed and bringing a motion to set aside the judgment that was procedurally defective and void of merit caused unreasonable and unwarranted litigation that was contrary to the spirt of promoting settlement in this family law case. The Court awards $5,250 in attorney’s fees that accounts for 30 hours of attorney time at Petitioner’s attorney’s rate of $175. Respondent is ordered to pay this amount to Petitioner in full by April 6, 2018. This award is made for past acts only and will not limit any party’s ability to seek future attorney’s fees as
sanctions should that become necessary.

3. Petitioner’s request for order that Respondent cooperate with the refinance is denied without prejudice as the issue appears to be moot.

4. The parties shall not drive while under the influence of alcohol.

5. The parties shall not drive the children without proper safety restraints.

6. The parties shall refrain from exposing the children to domestic violence.

Petitioner’s Counsel is to prepare the Findings and Orders After Hearing.