ANTOINETTE MCGILL, ) Case Number: FDI-10-773478
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Petitioner ) Hearing Date: February 27, 2018
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VS. ) Hearing Time: 9:00 AM
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RODREK K. MILES, ) Department: 403
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Respondent ) Presiding: ROGER C. CHAN
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REQUEST FOR ORDER -SET ASIDE JUDGMENT ENTERED ON 12/20/17

TENTATIVE RULING

The Court has read and considered the pleadings, declarations, and other evidence submitted in this matter. After full consideration of these matters, and for good cause shown, the Court makes the following findings and orders:

1. Respondent’s request to set aside the judgment is DENIED. There is insufficient evidence that

the judgment was entered due to a mistake of the Respondent.

2. Petitioner’s request for sanctions pursuant to Code of Civil Procedure Section 473(c) is DENIED.

3. Petitioner’s request for attorney’s fees and costs as sanctions pursuant to Family Code Section

271 is GRANTED. Respondent was duly noticed of Petitioner’s request for sanctions and has the

opportunity to be heard. Respondent’s conduct in the litigation of this case has frustrated the policy of the law to promote settlement of litigation and to reduce the cost of litigation. The Court has considered the parties’ incomes, assets, and liabilities. Respondent is ordered to pay Petitioner $2,500 in attorney’s fees and costs, subject to proof, within 30 days from service of this order. Petitioner’s Counsel shall submit supporting documentation. The Court finds that a sanction of $2,500 would not impose an unreasonable financial burden on Respondent.

4. Counsel for Petitioner shall prepare the order.