Jason Katsapetses and Kim Vivian Katsapetses
Case No: 18FL02822
Hearing Date: Tue Jun 25, 2019 10:30

Nature of Proceedings: Req. for Order: Residence Exclusion Order/Provide Minor’s Address

Petitioner’s Req. for Order: Residence Exclusions Order/provide Minor’s Address

Attorneys: Marcus Morales for Petitioner (“father”); John R. Rydell for Respondent (“mother”)

Ruling: The request for an evidentiary hearing will be granted, to commence at 1:30 pm on Tuesday June 25, 2019. The declaration of father will be admitted into evidence subject to cross-examination.

Analysis:

Father’s RFO; he requests that

1. Mother be excluded from entering father’s residence located at 1535 Live Oak Lane, Santa Barbara, CA (“Live Oak Home”).

2. Mother to provide Zia’s (their daughter) current address in Santa Barbara

Father testifies that mother and he jointly own the Live Oak Home; house was purchased during the marriage with $500,000 that his father gave him towards the down payment; is currently a dispute regarding the characterization of the home as separate property or community property, or any portion thereof; during the marriage mother and he lived in the Live Oak Home together with daughter, Zia, age 15; after separation, mother continued residing in the home with him; was a hostile situation; mother continually yelled at him every week; would make false accusations towards him; their living situation was very uncomfortable; one month ago, mother and Zia moved out of the Live Oak Home into a rental; he continues to reside in the Live Oak Home; pays all expenses related to the Live Oak Home without contribution from mother; asked her on several occasions to provide her new address so he can know where daughter is living; mother has refused to provide Zia’s address.

Father testifies that despite his multiple requests to stay away, mother continues to come over and enter the Live Oak Home whenever she chooses; has rummaged through his belongings; created a hostile environment; this past Monday, May 27, 2019, after receiving his opposition to her support motion, mother came to house, irate, raising her voice and verbally attacking him; he felt threatened; recorded the incident on his cell phone; she finally left but she sent him a text stating that he pushed her physically; is 100% not true; at no time did he come into physical contact with her; video clearly shows that he in no way touched her; believes that she may be attempting to create a request for a Domestic Violence Restraining Order against him; wants to avoid coming into contact with her; only aggressive contact they have is when she comes to the Live Oak Home; she has already moved out; comes over to harass him; he asks for an order that mother be excluded from the Live Oak Home, so that he may live in peace, just as mother does at her new home; if mother needs to gather any remaining belongings, he is happy to arrange a time, with a third-party present, for her to do so.

Mother’s Response

Her attorney filed a Status Report on 6/20; reports the parties own the residence at 1535 Live Oak Lane in Santa Barbara; mother and the parties’ minor daughter have moved out of the residence; father is living in the residence and has filed an RFO for an exclusion order; mother agrees that father should have exclusive use and possession of the house pending further order of the court; not worth the time, effort, and money for her to respond to his allegations at this time; both mother and Zia still have clothing and other personal possessions at the house; they do not have another place to live at this point; do not want to move all of their personal items out of the house; want to be able to access the house when father is not home in order to retrieve personal clothing and items when they need them; will text father to let him know when they are going to the house; will go during normal work hours when father is not there; he can lock his office and his bedroom and they will not enter those rooms; mother’s counsel submitted a proposed Stipulation and Order to Jason’s counsel to resolve this matter without further court proceedings; mother is prepared to agree to the terms and have the Court enter it as an order.

Request for Evidentiary Hearing by mother on 6/20

Mother requests an evidentiary hearing on father’s RFO to exclude her from the family residence; she will call the following witnesses, who are parties to this case:

“Kim Katsapetses and Jason Katsapetses.”

Court’s Conclusions

The request for an evidentiary hearing will be granted, to commence forthwith at 1:30 pm on Tuesday June 25, 2019.