Stephanie M. Lambert and Joseph N. Lambert
Case No: 18FL02866
Hearing Date: Tue Apr 30, 2019 10:30

Nature of Proceedings: Req. for Order: Sanctions/Violation of ATROs/Vocational Assessment/Amend Petition/Gavron Order

Mother’s RFO

Attorneys

For Petitioner (“mother”) Eric Gans

For Respondent (“father”) in pro per

Ruling: Father shall file his Response to the Petition and his Response to the RFO on or before Monday, May 6; mother to be served with a copy electronically; mother to file her Reply on or before Thursday, May 9; father to be served with a copy electronically; the hearing is on Tuesday, May 14, at 10:30 am.

Analysis

Petition for Dissolution was filed 11/2018 by mother; 12-year-10-month marriage; POS shows Petition was served 11/26/2018; one child born 7/2016; last on calendar on 3/26 and father appeared self-represented; the Court set a trial date of 11/19/19; MSC 10/18; Final CMC 10/1/19.

Mother filed this RFO on 4/2/19; is 21 pages; have read it all but will only summarize here; she reports that based on father’s actions in selling one of their properties without prior approval, his refusal to provide information related to the sale, and his transparent efforts to avoid “showing income” for support purposes, she requests the following Orders:

(a) ATROs Violation

a. That father be ordered to provide all documents relative to the listing and sale of the Wyoming property, including but not limited to purchase agreements, escrow documents, closing statements, and deeds or other title documents;

b. That father be ordered to provide an accounting of the proceeds of the sale, including all banking and other financial records evidencing the transfer and expenditure of all funds related to the sale of the Wyoming property;

c. That father be ordered to provide an accounting of all rental or sales income received from any property owned or managed by him for the past 12 months;

d. That father be prohibited from listing for sale any properties in which either of them have any legal or ownership interest; and

e. That the Court reserve the issue of sanctions-based attorney’s fees and costs relative to father’s ATROs violation for future determination.

(b) Vocational Examination: That father be ordered to submit within a reasonable period of time to a vocational examination to be conducted by Kelly Bartlett, or other qualified vocational examiner selected by mother, pursuant to Family Code §4331(a), with the costs of such examination advanced by father from the proceeds of the Wyoming property sale.

(c) Work Hardening Order: That father be ordered to make reasonable efforts to become self-supporting.

(d) Amend Petition: That mother be permitted to amend her Petition with respect to spousal support and attorney’s fees and costs.

The file reflects that father was served with a copy of the RFO on 4/2.

Opposition

Father has filed no response to the Petition or the RFO.

Court’s Conclusions

Father should file his response forthwith and the Court should set a hearing date in two weeks.