Tentative Ruling

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

FAMILY LAW
Juana Ortiz Solano and Jesus Ortiz Palma
Case No: 19FL02346
Hearing Date: Tue Feb 25, 2020 10:30

Nature of Proceedings: Motion Joinder

Motion: Joinder

Attorneys:

In the Dissolution Action

Juana Ortiz Solano [“Juana”] is self-represented

Jesus Ortiz Palma [“Jesus”] is self-represented

And

In the Complaint for Joinder

Julio Segura [“Julio”]

Juana Ortiz Solano [“Juana”]

Rulings:

1. The Court grants the joinder request and will order that the proposed Joinder Complaint be filed. There has been a fee waiver granted to Juana. The next CMC on the joinder action is set for May 12 at 10:30am when the Court expects to enter a Judgment in that case.

2. But all the necessary “facts” in the underlying divorce case between Juana and Jesus have been clearly set forth in the documents and the Court will, after signing the joinder request, take the jurisdictional testimony of Juana and/or Jesus and grant that Dissolution Petition; the Judgment shall provide that Jesus is to have sole legal and physical custody of Marissa, age 15, and Bridget, age 18, and the Court finds there are no assets or liabilities to divide; the “status” of the marriage is terminated six months from 12/6/19, or 6/6/20. Jesus shall have no parental rights related to Maria and Julio Segura and shall have no right of visitation with the Segura children. The Court will restore to Juana the name Juana Lucia Solano Lopez. Juana shall bring a Judgment to the courtroom on May 12, 2020, that sets all this out.

Background: The Petition for Dissolution of Marriage was filed 10/24/19 after almost 10 years of marriage and two minor children; Marissa age 15 and Bridget age 17; date of separation was in 2009; Juana wants her former name – Juana Lucia Solano Lopez – restored. Reports there is a DV-130 Restraining Order in place; filed 10/9/19; Jesus M. Ortiz [Jesus] is the protected person and Juana Ortiz [Juana] is the restrained person; Judge Rigali signed it; expires in 10/22; Jesus has legal and physical custody of Bridget and Marissa; no visitation to Juana.

On 10/31/10 Juana Ortiz caused to be filed a Notice of Related Case, to wit: Jesus M. Ortiz v. Juana Ortiz 19FL02346; reports it has been disposed of by a “restraining Order;” but in fact it is the identical case number.

On 11/13/19 Juana caused to be filed an Amended Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act and she lists the two Ortiz minor children and the two Segura minor children. Additionally she claims there are two minor children subject to this proceeding, to wit: Bridget Ortiz DOB 12/2001 and Marissa DOB 3/2004; Jesus is their father; identifies the other two children related to her other relationship with her “Boyfriend” as Maria Segura DOB 11/14/2014 and Julio Segura DOB 12/27/17.

In the Amended Petition for Dissolution, she names the four minor children [of the marriage] as Bridget Ortiz (age 17), Marissa Ortiz (age 15), Maria Segura (age 5) and Julio Segura (age 22 mo); she asks to confirm the existing order for sole physical and legal custody of all four minor children to husband Jesus Ortiz Palma; asks the Court to terminate its ability to award spousal support and that there are no assets or debts to divide; asks that her former name be restored to her – Juana Lucia Solano Lopez.

She then asks that since she is still married, the Court determine that (a) Jesus is not the father of the Segura minor children, Maria and Julio, and (b) Julio Segura is the father of Maria and Julio Segura. Asks the Court to permit Julio Segura to be joined in this action in order to determine parentage of the Segura minor children. Further asks that she be awarded sole physical and legal custody of Maria and Julio Segura and that Jesus, having no parental relationship, shall have no right of visitation.

The Joinder

On 12/4/19 mother filed a motion for Joinder seeking to join “Julio Segura;” Julio Segura claims to be the father of minor children, Maria Segura (DOB: 11/03/2014) and Julio Segura (DOB: 12/27/2017). These minor children were born into the home of and continue to live with Claimant Julio Segura and with Juana Ortiz Solano. Julio Segura and his partner, Petitioner Juana Ortiz Solano, want the Court to establish that Julio Segura is the father of the minor children and not Husband Jesus Ortiz Palma.

Juana testifies that regarding the minor children: She has two minor children with Jesus: Bridget Ortiz (DOB: 12/09/2001, age 18) and Marissa Ortiz (DOB: 03/03/2004, age 15) (minor daughters). In the Restraining Order After Hearing (CLETS-OAH) (Restraining Order) filed on 10/30/2019 in Santa Barbara County Superior Court Case No. 19FL02139, she is the restrained person. Jesus is the protected person along with the two minor daughters and one adult daughter, Yaneli Ortiz (age 20). Jesus was awarded sole physical and legal custody of the minor daughters, and she was ordered to have no visitation. She never contested this application and she never went to any hearing. She has chosen to accept this order rather than fight it because she doesn’t have the ability to fight it. She lives in Santa Barbara; does not drive; has other small children to watch, and she did not want any problems.

Jesus and she separated on 10/01/2009. In 2011 she met Julio Segura, and they became partners; they have two children together: Maria Segura (DOB: 11/03/2014, age 5) and Julio Segura (DOB: 14 12/27/2017, age 22 months). She is technically still married to Jesus, but they physically separated on 10/01/2009, and she never had sexual relations with him since that date.

Since she is still married, she asks the Court to determine that (a) Jesus is not the father of her two youngest children, Maria and Julio Segura, and (b) Julio Segura is the father of Maria and Julio. She therefore asks the Court to permit Julio Segura to be joined in this action in order to determine parentage of her two youngest children.

Her Joinder Petition [apparently prepared by the Family Law Facilitator] reports that Claimant, Julio Segura, is an individual who is, and at all times mentioned herein was, an adult resident of the city of Santa Barbara, County of Santa Barbara, State of California. Petitioner, Juana Ortiz Solano (“Juana”), is, and at all times mentioned herein was, an adult resident of the city of Santa Barbara, County of Santa Barbara, State of California. Respondent, Jesus Ortiz Palma (“Jesus”), is believed to be, and at all times mentioned herein was, an adult resident of the city of Santa Maria, County of Santa Barbara, State of California.

She continues: Juana and Jesus were married on 11/10/1999. There are two (2) minor children of their marriage: Bridget Ortiz (DOB: 12/09/2001, age 17) and Marissa Ortiz (DOB: 03/03/2004, age 15) (Ortiz minor children). There is one adult child, Yaneli Ortiz (DOB: 07/23/1999, age 20).

Juana and Jesus separated on 10/01/2009. Juana has not lived with Jesus nor had sexual relations with him since on or before 10/01/2009. It is believed that the Ortiz minor children live with their father, Jesus, in Santa Maria, CA. He was awarded sole physical and legal custody of the Ortiz minor children in the Restraining Order After Hearing issued on 10/30/2019 in Santa Barbara County Superior Court Case No. 19FL02139. Claimant [“Julio”] Juana’s current boyfriend. Julio and Juana began living together in Santa Barbara, CA, in 2014 and have lived continuously together since that time. They have two minor children: Maria Segura (DOB: 1 1/03/2014, age 5) and Julio Segura (DOB: 12/27/2017, 22 months) (Segura minor children). The Segura minor children have always lived with Juana and Julio. Julio has held out the Segura minor children as his own from their birth to the present.

Juana has not worked since 2014; Claimant is the sole supporter of the family and provides a stable home. With Juana, Julio fulfills the Segura minor children’s physical and psychological needs for care, affection and safety. It is in the best interest of the Segura minor children to remain in the care and custody of Julio and Juana. Since birth, Julio has acted as the de facto parent for the Segura minor children. Julio and Juana further allege that Julio is the biological parent of the Segura minor children. On 10/24/2019 Juana filed a Petition for Dissolution, listing only the Ortiz minor children.

Juana also asks that the Court determine that she is to share joint physical and legal custody of the Segura minor children with Julio.

Juana prays judgment as follows:

That Julio be joined as a party to the within action;

That Julio be determined to be the father of Maria Segura (DOB: 11/03/2014) and Julio. Segura (DOB: 12/27/2017);

That Juana and Julio be granted joint physical and legal custody of the Segura minor children; and

That Jesus be determined to not be the father of the Segura minor children and, as such, is granted no parental rights of custody or visitation.

Jesus’s Response to the Dissolution Action

Filed 12/6; agrees that it was essentially a 10 year marriage and there are two minor children of the marriage, to wit: Bridget age 17 and Marissa age 15; seeks a divorce and sole legal and physical custody of the two minor children; asks that the Court’s ability to award spousal support be terminated. There are no assets or debts to be distributed. He also attaches the DV-130 order of 10/30/19 that designates him as the protected person; that Yaneli Ortiz (age 20) and Bridget Ortiz (age 17) and Marissa Ortiz (age 15) are additionally protected persons; that he has sole legal and physical custody and Juana has no visitation rights.

The case was on calendar on 1/21/20 and there were no appearances; the Court continued the matter to 1/25/20.

Jesus’s Opposition to Joinder

On 2/3/20 Jesus filed an opposition to the joinder request; it is extremely abbreviated and the Court is not helped by what he submitted. He checks some boxes and ignores others. It is clear that he lives in Santa Maria.

The Court’s Conclusions

The joinder request should be granted but the dissolution action can be finalized.