ZARAGOZA VS GONZALEZ

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-19-003898 - ZARAGOZA VS GONZALEZ Respondent's Request for Order re "Determine Arrears," etc.-- HEARING REQUIRED.

Final judgment in this case was entered on June 15, 2022. The Court granted an Order Shortening Time (OST) and proof of personal service of Petitioner is on file and reflects presumptively valid and timely service in compliance with the Rules of Court and Family Code section 215. Petitioner has not filed a Responsive Declaration or other response. The spousal support arrears request is not eligible for tentative ruling and requires a hearing.

Regarding the QDRO request, on the basis of Respondent's declaration and the absence of any response by Petitioner, the Court finds that Petitioner is not in compliance with the terms of the judgment. Accordingly, the Court is inclined to deem Respondent's request as one for the appointment of an elisor and is inclined to grant the request subject to Respondent's compliance with Local Rules. (See Local Rules, rule 7.08(A).)

Regarding the remaining requests, the Court's authority with respect to enforcement of judgment requests is to enforce them as entered. The Court does not rewrite, modify or exercise discretion in adding or altering the terms of a final judgment. As such, Respondent's request to add interest on monies owed is denied without prejudice and Respondent's request for the unpaid reimbursement owed by Petitioner to Respondent per the judgment to be paid based on alleged failure of Petitioner's mother to pay Petitioner sums that had been lent is also denied without prejudice.

Petitioner was ordered to pay the sum of $26,557.00 to Respondent as and for the Respondent's community share of the downpayment for the subject residential real property. If Petitioner has not paid this sum, then the Court will order it paid by a date certain.

Other than that, a family law judgment involving sums certain for property or support constitutes a "money judgment" under the Civil Enforcement of Judgments Act and may be enforced by Respondent using any of the methods available to a judgment creditor under the Act without the necessity of intervention or further orders by the Court. Respondent may wish to seek legal advice at her own expense as to enforcement but is also welcome to contact the Court's Self-Help Center for free assistance with legal forms and procedures not amounting to legal advice.