Friday, February 2, 2018

Random Fuzzy

After a year, there is finally a new filing.

02/02/2018 Stipulation and Order
Filed by Respondent

Put simply, a stipulation and order is a request that an agreement between the parties be approved and signed into a court order by the judge.  There is no indication of what this latest S&O is about.  From a review of past filings, we haven't seen an order to set aside the Stipulation Re Child Custody and Therapy and this could be that. The Custody Stipulation was similarly filed in court so it could be signed into an order.  Before it was filed, it was already a legally binding agreement -- a stipulation.  Laura Wasser filed it in court for enforcement purposes when Lance Spiegel indicated they were going to insist on nontherapeutic visits against the therapists' recommendations and in violation of the terms of the Custody Stipulation.  It was filed so it could be signed into a court order and be enforceable by the court.  After they returned from Crested Butte, Angelina was convinced that Brad was committed to following the process which paved the way for them to hire Judge Ouderkirk.  A private judge does not have the power to enforce private agreements.  So this S&O is simply a joint request for an order and could have been filed by either party.

A petition cannot be dismissed while there are outstanding orders issued under it.  Since the Stipulation Re Child Custody and Therapy was signed into an order, it needs to be set aside by order of the court. They may submit the custody evaluator's report in support of their request.  This would put them a step closer to being able to file a Request for Dismissal of the petition, CIV -110, which would also be accompanied by an S&O.

Among the slew of filings and actions dated 01/09/2017 (before Judge Ouderkirk took over) was a S&O filed by the Petitioner that similarly had no description.  There was a redacted memo in support of a RFO for appointment of minors' counsel filed at the same time and the S&O may have been in support of that, or possibly to request that the 01/17/2017 hearing be removed from the calendar.

01/09/2017 at 3:00 PM in Stanley Mosk Dept. - 1, Brazile, Kevin C., Presiding
Non-Appearance Case Review - Held - Order Made
01/09/2017 Minute Order
01/09/2017 Notice - Lodging (conditionally under seal - On Behalf of: Petitioner: Pitt, Angelina )
Filed by Petitioner
01/09/2017 Stipulation and Order
Filed by Petitioner
01/09/2017 Stipulation and Order (Seal records regarding custody issues )
Filed by Respondent
01/09/2017 Stipulation and Order (For Apptmnt of Privately Compensated Temporary Judge Honorable John W. Ouderkirk (Ret) - Filed and Entered on 2017-01-09 )
01/09/2017 Miscellaneous (Public/Redacted materials from conditionally sealed record. - On Behalf of: Petitioner: Pitt, Angelina )
Filed by Petitioner

12/02/2016 Stipulation and Order (Re Child Custody and Therapy - Paid By: Petitioner: Pitt, Angelina - Filed and Entered on 2016-12-02 )
Filed by Petitioner

To review: the Petition and the Response both omitted info on their assets, liabilities and income.  Failure to provide that info is grounds for dismissal of the petition.  It cannot advance without their full compliance with the disclosure requirements.  The court is not officially aware that they have any assets, liabilities or income.  In order to comply, under CA law they both must file an amended petition/response with the necessary info using the same Form FL100 as the original and checking the "Amended" box.  If they wish to change, correct or amend any info in the original filing, they need to file FL100 again with the changes, corrections or amendments.  If for example, Angelina now wants her legal name to be restored to Angelina Jolie from Angelina Jolie Pitt, since she did not make any such request in her original petition, she would need to fill in that section in her amended petition and indicate her desired name.  California law allows parties to amend the petition and the response once.

The Petition was filed September 2016 and the Response was filed November 2016. It has been well over a year but no amended petition and response have been filed.  It is clear that what they've already filed is all they ever intended to file and they never intended to comply with the disclosure requirements. The petition cannot advance because they never intended for it to advance.  As it stands, the Petition is truly closer to being dismissed.

-- Fussy


Can You Stop the Divorce Process in California After the Waiting Period?
Paperwork Requirements
Failure to complete your divorce paperwork will stop your divorce proceeding. Whether or not your husband responds to your petition, you are required to file certain documents, including income, asset and debt disclosures, ...If you fail to file any of these forms, the court will not enter a divorce judgment. Continued inaction will ultimately lead the court to dismiss the petition for divorce. 

legalzoom 1  2
How to Amend a Divorce Petition in California
A change in circumstances in the middle of the divorce process can have a significant impact on the case. Newly discovered property, a change of income and assets, and a change in the relationship with minor children are perhaps the more common developments.  California law allows a person who filed a divorce petition, called a “petitioner,” to amend that petition to accommodate a change in circumstances or to correct information that was originally included or omitted by mistake.

A petitioner has the right to amend the divorce petition one time without asking the court for permission to do so.  You need to prepare and submit another FL 100 form, the same form you initially used to file for dissolution of your marriage. Because the amended petition contains new information, your spouse must receive a copy of your amended paperwork.

Fill out the amended petition paperwork as you did when you initially filed for divorce, ensuring you include the new information.  File the original amended petition with the clerk, as you did when you filed your original petition.  Ask the clerk to file-stamp your two photocopies. One copy is for your spouse, and the other is for your records.

As with the petition, the respondent can amend the response one time without asking the court for permission to do so. Also similar to the petition is the “AMENDED” box that appears within the caption at the top of the first page of the response. The respondent must check this box to inform the court that this subsequent response amends information contained within the original response.

California requires a party who wants to make subsequent amendments to obtain the permission of the court first.
Is the recommendation an order of the court?
A custody evaluation report and recommendation has no legal status until the Court acts on it. A party who wishes to have the report adopted must appear at a scheduled Court hearing. If both parties are in agreement, the Court may approve the recommendations, or the Court may decide to make other orders. If either party disagrees with the recommendation, the matter may be set for further Court hearing.
What are some of the reasons I can't dismiss my case?
An entire case cannot be dismissed if any of the following exist in the case:
Spousal support order
Child support order
Restraining order or temporary restraining order ( TRO); The clerk cannot dismiss a case until after t he TRO court date or the TRO is no longer in effect.
A hearing date

avvo legal answers
Q. How long does it take to get dismissal of divorce?
A. If the other party has not been served or has not filed a response, it can be dismissed almost instantly by filing a Request for Dismissal with the clerk. If the other side has filed a response, it will take a stipulation, along with the Dismissal form. In either case it can be done either right away or within a few days.

Key points from the Vanity Fair and Market Watch articles on hiring a private judge:
a)  “Private judges can’t order that an agreement be enforced” by the authorities, “so if you want to take action, you have to go back to the court system,”

b) His cost: $450 an hour, according to Alternative Resolution Centers, a legal services provider Ouderkirk works with. That’s cheap by LA standards, where private judges often charge anywhere from $500 or $700 an hour. (Alternative Resolution Centers declined to comment on Ouderkirk’s professional relationship with Pitt and Jolie.)

c)  “In a normal divorce case, the press and the public can sit in on judicial proceedings,” says Melissa Murray, a family law professor at the University of California at Berkeley. “With private judges, since it’s not revealed when and where it’s going to happen, they never do.” 

d)  As Professor Reuben told NPR, “The private judge’s decision is technically just a recommendation, although that recommendation is almost always accepted by the court.”

e)  “Every document you file in court immediately becomes public, and if you hire a private judge, you can work out the details before you file anything,” Wasser told The Hollywood Reporter.

f) Wasser explained, “Our court system is so unbelievably clogged up that I will sit there all day long billing at my hourly rate only to have a judge say, ‘Sorry, we don’t have time.’

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