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Respondent's Request for Order re Set Aside Default
Stanislaus County -- FamilyLaw -- https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/family-law-t entative-rulings Family Law Tentative Rulings
The family court issues tentative ruling announcements on the court day prior to the scheduled hearing for specific types of motions. Tentative rulings are only provided on the Internet and posted in the clerk's office lobby. Internet postings occur at 3:30 p.m. daily. Parties are not required to give notice of intent to appear to preserve the right to a hearing. The tentative ruling will not become final until the hearing. (Stan. Cnty. Local Rules, rule 7.05.1)
However, as a courtesy to the Court, and other parties or counsel with matters on calendar, notice of intended appearance or non-appearance is encouraged and may be sent by e-mail to the following address: familylaw.tentatives@stanct.org between the hours of 1:30 p.m. and 4:00 p.m. If you do not receive a confirmation e-mail from the clerk, you may call to speak directly with a Calendar Clerk at 209-530-3107.
Any party filing pleadings or documents on a tentative ruling matter within five (5) days of the hearing should provide a courtesy copy to the Courtroom Clerk and the Court's Family Law Research Attorney by placing a copy in the drop box slot on the door of Room 223, Second Floor of the main Courthouse. Failure to do so may prevent the Court from consideration of such, may result in a continuance, and/or may be considered in the award of conduct-based fees and costs. (Stan. Cnty. Local Rules, rule 7.05.1(B).)
All parties and counsel are required to meet and confer in a good faith effort to resolve the dispute on any request, motion or hearing, with the exception of those involving domestic violence, and to exchange any documents upon which reliance will be made at the hearing. (Cal. Rules of Ct., rule 5.98; Stan. Cnty. Local Rules, rule 7.05.1(C).) Failure to do so may result in a continuance and may be considered in the award of conduct-based fees and costs, or both. If sufficient information regarding an adequate pre-hearing meet and confer effort is not provided in the moving and opposing papers, in the Court's discretion, the matter may be placed at the end of the calendar and not called until the parties or counsel advise the Court that they have complied with their obligations and/or resolved the matter s own motion, the Court orders Respondent to comply within thirty (30) days of this ruling and admonishes Respondent that the failure to do so may result in the striking of the Response and entry of Respondent's default.
Date: May 18, 2026
The following are the tentative ruling cases calendared before Judge Alan Cassidy in Department #11:
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FL-23-000478 - REYES VS HUERTAS Respondent's Request for Order re "Buy Out," etc.-- DENIED, without prejudice. There is no proof of service on file and this matter is post-judgment. Valid and timely individual party service is jurisdictional. (Fam. Code, § 215; Cal. Rules of Ct., rule 5.94(b).)
The following are the tentative ruling cases calendared before Judge J. Richard Distaso in Department #13: THERE ARE NO TENTATIVES.
The following are the tentative ruling cases calendared before Judge Sarah Birmingham in Department #14: THERE ARE NO TENTATIVES.
The following are the tentative ruling cases calendared before Judge Maria Elena Ramos-Ratliff in Department #25:
FL-25-003145 - OLIVAS VS AGUIRRE Respondent's Request for Order re Set Aside Default-- GRANTED, and unopposed.
The Petition for Dissolution was filed on November 21, 2025. Proof of Service of Summons was filed on December 5, 2025. Petitioner filed a Request to Enter Default on January 21, 2026, after Respondent did not file a Response to the Petition or other responsive pleading. Respondent's default was entered on the same date as filing.
The default request did not attach either an Income and Expense Declaration nor a Property Declaration and Petitioner excused doing so by checking the following boxes on the form (FL-165): No. 3(a) "there have been no changes since the previous filing; 3(c) "there are no issues of child, spousal, or partner support..., etc.; 3(e) "there are no issues of division of community property." This form was signed by Petitioner under penalty of perjury, as required by law.
The Petition does, in fact, request child support, spousal support and division of community property, so boxes 3(c) and 3(e) did not excuse attachment of the financial disclosures and were erroneously checked. This leaves box 3(a), no changes since the previous filing. However, after January 21, 2026, Petitioner filed a new Income and Expense Declaration and a new Property Declaration, neither of which is identical to that previously filed. As such, prior to the entry of default, none of the boxes checked by Petitioner properly excused attachment and service of the required financial documents.
Respondent's order request was made within six (6) months of the entry of default as required for set aside based on mistake, surprise, inadvertence and excusable neglect, and proof of personal service is on file. (Code Civ. Proc., § 473(b).) Petitioner has not filed a Responsive Declaration or other opposition.
That said, when a default is entered without attachment and service of the required financial disclosure attachments in a family law dissolution case, the resulting default is void and subject to set aside as a matter of law at any time. (Code Civ. Proc., §§ 472(d), 580; Local Rules, rule 7.03(F) ["Unless properly excused, a complete and current Income and Expense Declaration or a Financial Statement (Simplified), and a complete and current Property Declaration shall be attached to the Request to Enter Default. The failure to include the disclosure documents, if required, shall be deemed a sufficient basis to set aside the entry of default upon timely request"].)
Accordingly, the Respondent's default is hereby set aside and Respondent shall file a responsive pleading within fifteen (15) days of this order.