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SUPERIOR COURT OF STANISLAUS COUNTY

www.stanct.org (209) 530-3100 Street Address: 1100 I Street Modesto, CA 95353 Mailing Address: P.O. Box 1098 Modesto, CA 95353

Self Help Center: 800 11th Street Room #220 Modesto, CA 95353 (PROVIDING ASSISTANCE TO PARTIES REPRESENTING THEMSELVES)

Notice of Motion

All documents must be typed or printed legibly per Rules of Court 2.104, in blue or black ink. This packet includes the necessary forms to obtain a hearing. PRIOR TO FILING THE MOTION WITH THE COURT, YOU MUST CALL THE CALENDAR LINE AT 530-3107 BETWEEN 11:00 A.M. AND 3:00 P.M. TO RESERVE YOUR HEARING DATE. If you are filing a Notice of Motion, your issue may be designated to be heard as a tentative ruling. If a tentative ruling is issued, it will be a final order without a hearing if neither party requests a hearing by the deadline. Please see the insert on Tentative Rulings for important information to understand this process. Judicial Council forms, local forms, and information are available in the Clerk's Office, the Stanislaus County Law Library located at 1101 13th Street, Modesto, CA and on the following websites: Stanislaus County Superior Court: www.stanct.org Stanislaus County ­ Local Forms: www.stanct.org/Forms.aspx?id=3 Judicial Council's Self Help: www.courts.ca.gov/selfhelp.htm Judicial Council Forms: www.courts.ca.gov/formsrules.htm Stanislaus County Law Library: www.stanislauslawlibrary.org Free Interactive Electronic Forms Program: www.icandocs.org/ca/california.html California's Free Website for Legal Help: www.lawhelpcalifornia.org Law Libraries, Websites, or Self-Help Legal Books: www.courts.ca.gov/1091.htm

REQUIRED FORMS:

· · FL-301 ­ Notice of Motion FL-310 - Application for Order and Supporting Declaration

Revised 6/13/11

NOTES:

If you are seeking orders regarding economic issues (example: child support or spousal support), you MUST file either an Income and Expense Declaration (FL­150) or a Financial Statement (FL-155). These forms are available on the Judicial Council's website at: www.courts.ca.gov/formsrules.htm, at the clerk's office or at the Self Help Center. The Income and Expense Declaration can be typed directly from the website and the calculations will be computed for you. The other party must be served with file marked copies of all documents filed with the Court except for confidential documents (example: fee waiver). You are also required to serve the Response Packet to Notice of Motion which is attached to the back of this packet. The person who serves the other party with the forms must complete, date and sign the Proof of Service by Mail. Parties are encouraged to review and comply with Local Rules regarding Family Law proceedings. Local Rules can be located on the following Superior Court website: www.stanct.org.

Material distributed by the Superior Court Clerk's Office or Self Help Center IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Such material is NOT LEGAL ADVICE and is not intended to be legal advice as to your specific case. IT IS NOT INTENDED TO TAKE THE PLACE OF LEGAL ADVICE FROM AN ATTORNEY. You are strongly urged to seek the advice of a licensed attorney before starting or completing your case in order to protect valuable legal rights that you may have, of which you may be unaware of. Please contact an attorney of your choice or contact the LAWYERS REFERRAL SERVICE of the Stanislaus County Bar Association at: (209) 571-5727 for a referral. The Clerk's Office cannot give you legal advice.

Revised 6/13/11

5 STEPS: NOTICE OF MOTION

STEP 1 ­ Read instructions thoroughly STEP 2 ­ Complete required forms:

1. Notice of Motion (FL-301) 2. Application for Order and Supporting Declaration (FL-310) 3. Use attachment page if necessary

If you are seeking a motion for separate trial of issues (bifurcation), you MUST complete Application for Separate Trial Form FL-315 (it is not included in this packet, but is available for purchase at the Clerk's Office or may be downloaded from the Judicial Council's Self-Help website at www.courts.ca.gov/formsrules.htm.

STEP 3 ­ Call the Family Law Calendar line at 530-3107 between the hours of 11:00 a.m. to 3:00 p.m.

to reserve a hearing date BEFORE filing and serving your documents. Write in the hearing date, time and department on #2a of the Notice of Motion (FL-301) **See special note below if you will be requesting an Order Shortening Time**

STEP 4 ­ Have your paperwork served by someone not involved in your case and over the age of 18:

· You MUST have all parties involved in your case served with a copy of all motion paperwork and a BLANK Responsive Declaration (FL-320). **Note: If Department of Child Support Services (DCSS) is involved in your case AND you are requesting child support, they will need to be listed on #1 of Notice of Motion and served with a copy of the motion and a BLANK Responsive Declaration** · Have person serving the documents fill out the Proof of Service by Mail (#7) located on the back of the Notice of Motion · If you choose to have the motion paperwork personally served rather than mailed, a Proof of Personal Service (FL-335) MUST be completed and filed with the Court. · If mailing motion paperwork in California, it must be mailed and filed 16 Court (business) days before the hearing (an additional 5 calendar days is allowed for mailing). If paperwork is served in person, it must be served and filed 16 Court days before the hearing

**SPECIAL NOTE ­ If you need more time to serve your motion paperwork, you may request an Order Shortening Time for Service by checking box #4 on the Notice of Motion. You will need to submit your motion to the Clerk's Office for review by the Judge BEFORE serving and filing. Please include your reason why in box #10 of FL 310. The Judge will review the request and will either grant or deny the order. The clerk will assign a hearing date for you, so you should provide a list of dates you are not available. After receiving your documents from the Clerk's Office, you MUST have a copy served on the other party**

STEP 5 - You MUST file the ORIGINAL Notice of Motion and Proof of Service with the

Clerk's Office. If the Motion is not filed and served, your hearing will not be held!

NOTICE TO ALL PARTIES OF FAMILY LAW TENTATIVE RULINGS

1. 2. THIS NOTICE MUST BE SERVED ON THE OTHER PARTY ALONG WITH THE NOTICE OF MOTION. THE COURT WILL ISSUE A TENTATIVE RULING ANNOUNCEMENT ON THE COURT DAY PRIOR TO THE SCHEDULED HEARING ON THE FOLLOWING TYPES OF MOTIONS:

· · Motion to Compel Discovery Motion to Withdraw as Attorney of Record/Counsel Motion for Alternate Valuation Date Motion to Set Aside Default/Judgment Motion for Reconsideration of Order Motion for Bifurcation of Marital Status/Economics Issues Motion for Joinder of Parties · · · · · · ·

· · · · ·

Motion to Amend Pleadings Motion for Change of Venue Motion for New Trial Motion to Enforce Judgment Motion to Award or Divide Omitted Assets or Debts Motion to Modify Judgment Any Motion specifically determined at Judge's discretion

3. · · · · 4.

RULINGS WILL BE POSTED IN THE FOLLOWING LOCATIONS BY 1:30 PM ON THE COURT DAY PRIOR TO THE HEARING: INTERNET: THE TENTATIVE RULING ANNOUNCEMENT WILL BE POSTED ON THE COURT'S WEBSITE AT THE FOLLOWING LINK: www.stanct.org. TELEPHONE: TENTATIVE RULINGS ARE NOT AVAILABLE ON A TELEPHONIC RECORDING. CLERK'S OFFICE LOBBY: CHECK THE POSTING IN THE CLERK'S OFFICE LOBBY. COURTROOM DOORS: CHECK THE POSTING ON THE OUTER DOOR OF THE ASSIGNED COURTROOM (DEPARTMENT 13 OR 14 OR 25). IF THE TENTATIVE RULING IN YOUR CASE IS SATISFACTORY, YOU DO NOT NEED TO APPEAR at the scheduled hearing time, THE RULING BECOMES FINAL, and the prevailing party prepares the order. IF YOU ARE NOT SATISFIED with the Tentative Ruling and wish to appear and argue the matter, YOU MUST NOTIFY the Clerk's office and opposing counsel of your intent BEFORE 4:00 p.m. ON THE COURT DAY PRIOR TO THE SCHEDULED HEARING DATE to request an actual hearing. IF YOU WISH TO REQUEST A HEARING, PLEASE CALL THE FAMILY LAW CALENDAR LINE AT 530-3107 to speak directly with a clerk. IF YOU ARE NOTIFIED BY THE OTHER PARTY THAT THEY HAVE REQUESTED A HEARING, YOU MUST APPEAR AT THE SCHEDULED HEARING TIME.

5.

6. 7.

Revised 6/13/11

FL-301

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

YOUR NAME YOUR MAILING ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO.: PHONE #

E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

Check this box if you are asking to modify a prior order

FAX NO. (Optional):

IN PRO PER Stanislaus

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

1100 I Street MAILING ADDRESS: P.O. Box 1098 CITY AND ZIP CODE: Modesto, CA 95353

STREET ADDRESS: BRANCH NAME:

PETITION PETITION

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

NOTICE OF MOTION Child Custody x Child Support Attorney Fees and Costs

ONLY SELECT BOXES FOR PETITIONER'S NAME AS PRINTED ON THE ISSUES YOU WANT RESPONDENT'S NAME IS PRINTED ON THE ADDRESSED IN COURT CASE NUMBER: MODIFICATION

x Other (specify): Reduce Payment on Arrears

Visitation Spousal Support Injunctive Order

YOUR CASE NO

Other OF OTHER PARTY IN THIS CASE Under 1. TO (name): NAMEParent (& Dept of Child Support Services, if involved) "Other" write Credit" 2. A hearing on this motion for the relief requested in the attached application will be held as follows:

a. Date: Date of Hearing Time: Time of Hearing

in "Equitable Relief &

Rm.:

x

Dept.: Dept of Hearing

x other (specify): 800 - 11Street, Modesto, California (or 801 b. Address of court same as noted above 11th Street, Modesto, California,if Dept of Child Support Services are involved)

3. Supporting attachments: d. a. Completed Application for Order and Supporting Declaration ONLY SELECT IF (form FL-310) and a blank Responsive Declaration (form FL-320) YOU ARE Completed Income and Expense Declaration (form FL-150) e. b. x ADDRESSING f. and a blank Income and Expense Declaration c. Completed Financial Statement (Simplified) (form FL-155) SPOUSAL and a blank Financial Statement (Simplified) Completed Property Declaration (form FL-160) and a blank Property Declaration Points and authorities Other (specify):

CHILD OR

Date: Today's Date

SUPPORT ISSUES

YOUR PRINTED NAME

(TYPE OR PRINT NAME)

ORDER

(SIGNATURE)

4. 5. 6.

Time for service hearing is shortened. Service must be on or before (date): Any responsive declaration must be served on or before (date): If child custody or visitation is an issue in this proceeding, Family Code section 3170 requires mediation before or concurrently with the hearing listed above. The parties are ordered to attend orientation and mandatory custody services as follows:

Date:

JUDICIAL OFFICER

NOTICE: If you have children from this relationship, the court is required to order payment of child support based on the incomes of both parents. The amount of child support can be large. It normally continues until the child is 18. You should supply the court with information about your finances. Otherwise, the child support order will be based on the information supplied by the other parent.

You do not have to pay any fee to file declarations in response to this Notice of Motion (including a completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) that will show your finances). In the absence of an order shortening time, the original of the responsive declaration must be filed with the court and a copy served on the other party at least nine court days before the hearing date. Add five calendar days if you serve by mail within California. (See Code of Civil Procedure 1005 for other situations.) To determine court and calendar days, go to www.courtinfo.ca.gov/selfhelp/courtcalendars/.

Form Adopted for Mandatory Use Judicial Council of California FL-301 [Rev. January 1, 2007]

NOTICE OF MOTION

Page 1 of 2 Government Code, § 26826

FL-301

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT:

PETITIONER'S NAME AS PRINTED ON THE PETITION RESPONDENT'S NAME IS PRINTED ON THE PETITION

CASE NUMBER:

YOUR CASE NO

7. PROOF OF SERVICE BY MAIL This a. I am at least age 18, not a party to this action, and am a resident or employed in the county where the mailing took place. My section is residence or business address is: ADDRESS OF THE PERSON THAT WILL BE SERVING BY MAIL FOR

YOU

b.

to be complete d by the I served copies of the following documents by enclosing them in a sealed envelope with postage fully prepaid, depositing them in the United States mail as follows: person that will (1) Papers served: be (a) Notice of Motion and a completed Application for Order and Supporting Declaration (form FL-310) and a blank Responsive mailing Declaration (form FL-320) for you! (b) X Completed Income and Expense Declaration (form FL-150) and a blank Income and Expense Declaration

(c) (d) (e) Completed Financial Statement (Simplified) (form FL-155) and a blank Financial Statement (Simplified) Completed Property Declaration (form FL-160) and a blank Property Declaration Points and authorities

(f) Other (specify):

(2) Manner of service: (a) Date of deposit: (b) Place of deposit (city and state): (c) Addressed as follows: Other Parent

Address City, State ZIP

(and if involved) STANISLAUS COUNTY DCSS P O BOX 4189 MODESTO, CA 95352-4189

c. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: DATE OF MAILING

PRINTED NAME OF PERSON SERVING BY MAIL

(TYPE OR PRINT NAME)

NOT YOU!!!

(SIGNATURE OF DECLARANT)

Request for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (Form MC-410). (Civil Code, § 54.8.)

FL-301 [Rev. January 1, 2007]

NOTICE OF MOTION

Page 2 of 2

FL-310

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT:

Write in Petitioner's Name and Respondent's Name

CASE NUMBER:

Write in the case number

APPLICATION FOR ORDER AND SUPPORTING DECLARATION

Check the box for "You"--THIS IS NOT AN ORDER--

Petitioner 1. Respondent Claimant requests the following orders: c. Physical custody to (name of person with whom child will live.) CHILD CUSTODY a. Child's name and age To be ordered pending the hearing b. Legal custody to (name of person who makes decisions about health, education, etc.)

Enter your child's name, age

Joint or Sole to one parent

Shared or Sole to one parent

d.

Modify existing order (1) filed on (date): (2) ordering (specify): As requested in form CHILD VISITATION a. As requested in: b. (1) FL-311

This Section is to be completed if you have been to court/mediation for these children before

e. 2.

FL-312

FL-341(C)

FL-341(D)

FL-341(E)

To be ordered pending the hearing Attachment 2a (2) Form FL-311 (3) Other (specify):

Modify existing order (1) filed on (date): (2) ordering (specify):

This Section is to be completed if you have been to court/mediation for these children before

c.

One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one.) The orders are from the following court or courts (specify county and state): (1) (2) Criminal: County/state: Case No. (if known): Family: County/state: Case No. (if known): (3) (4) Juvenile: County/state: Case No. (if known): Other: County/state: Case No. (if known):

3.

CHILD SUPPORT (An earnings assignment order may be issued.) a. Child's name and age b. Monthly amount requested (if not by guideline) $

Enter your child's name, age

c.

Write "Guideline"

Modify existing order (1) filed on (date): (2) ordering (specify):

This Section is to be completed it you have a current child support order to either pay or receive money for these children

4.

a. b.

SPOUSAL OR PARTNER SUPPORT (An earnings assignment order may be issued.) c. Modify existing order Amount requested (monthly): $ (1) filed on (date): Terminate existing order (2) ordering (specify): (1) filed on (date): (2) ordering (specify):

NOTE: To obtain domestic violence restraining orders, you must use the forms Request for Order (Domestic Violence Prevention) (form DV-100), Temporary Restraining Order (Domestic Violence Prevention) (form DV-110), and Notice of Court Hearing (Domestic Violence Prevention) (form DV-109).

Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California FL-310 [Rev. July 1, 2011]

APPLICATION FOR ORDER AND SUPPORTING DECLARATION

Family Code, §§ 2045, 2107, 6224, 6226, 6320­6326, 6380­6383 www.courtinfo.ca.gov

FL-310

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT:

CASE NUMBER:

Write in Petitioner's Name and Respondent's Name

a. Fees: $ b.

Write in the case number

Costs: $

5. 6.

ATTORNEY FEES AND COSTS

PROPERTY RESTRAINT To be ordered pending the hearing a. The petitioner claimant is restrained from transferring, encumbering, hypothecating, respondent concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life. The applicant will be notified at least five business days before any proposed extraordinary expenditures, and an accounting of such will be made to the court. b. Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties or their minor children. Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the ordinary course of business or for the necessities of life. To be ordered pending the hearing

c.

7.

PROPERTY CONTROL a.

The petitioner respondent is given the exclusive temporary use, possession, and control of the following property that we own or are buying (specify):

b.

The petitioner respondent is ordered to make the following payments on liens and encumbrances coming due while the order is in effect: Amount of payment Debt Pay to

This section is for items like change of venue, enforce or modify judgment

8. OTHER RELIEF (specify):

This section is to confirm that you need more time to serve the other person as you selected on the coverpage (Order to Show Cause page)

9. I request that time for service of the Order to Show Cause and accompanying papers be shortened so that these documents days before the time set for the hearing. I need to have the order may be served no less than (specify number): shortening time because of the facts specified in item 10 or the attached declaration. FACTS IN SUPPORT of relief requested and change of circumstances for any modification are (specify): Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose).

10.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

Date

Print Your Name

(TYPE OR PRINT NAME)

Sign Your Name

(SIGNATURE OF APPLICANT) Page 2 of 2

FL-310 [Rev. July 1, 2011]

APPLICATION FOR ORDER AND SUPPORTING DECLARATION

FL-301

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

STANISLAUS 1100 I Street MAILING ADDRESS: PO Box 1098 CITY AND ZIP CODE: Modesto, CA 95353-1098

BRANCH NAME:

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT:

NOTICE OF MOTION Child Custody Child Support Attorney Fees and Costs

MODIFICATION Visitation Spousal Support

CASE NUMBER:

Injunctive Order Other (specify):

1. TO (name): 2. A hearing on this motion for the relief requested in the attached application will be held as follows: a. Date: b. Address of court Time: same as noted above Dept.: other (specify): Rm.:

3. Supporting attachments: d. a. Completed Application for Order and Supporting Declaration (form FL-310) and a blank Responsive Declaration (form FL-320) Completed Income and Expense Declaration (form FL-150) e. b. f. and a blank Income and Expense Declaration c. Completed Financial Statement (Simplified) (form FL-155) and a blank Financial Statement (Simplified)

Completed Property Declaration (form FL-160) and a blank Property Declaration Points and authorities Other (specify):

Date:

(TYPE OR PRINT NAME)

ORDER

(SIGNATURE)

4. 5. 6.

Time for service hearing is shortened. Service must be on or before (date): Any responsive declaration must be served on or before (date): If child custody or visitation is an issue in this proceeding, Family Code section 3170 requires mediation before or concurrently with the hearing listed above. The parties are ordered to attend orientation and mandatory custody services as follows:

Date:

JUDICIAL OFFICER

NOTICE: If you have children from this relationship, the court is required to order payment of child support based on the incomes of both parents. The amount of child support can be large. It normally continues until the child is 18. You should supply the court with information about your finances. Otherwise, the child support order will be based on the information supplied by the other parent.

You do not have to pay any fee to file declarations in response to this Notice of Motion (including a completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) that will show your finances). In the absence of an order shortening time, the original of the responsive declaration must be filed with the court and a copy served on the other party at least nine court days before the hearing date. Add five calendar days if you serve by mail within California. (See Code of Civil Procedure 1005 for other situations.) To determine court and calendar days, go to www.courtinfo.ca.gov/selfhelp/courtcalendars/.

Form Adopted for Mandatory Use Judicial Council of California FL-301 [Rev. January 1, 2007]

NOTICE OF MOTION

Page 1 of 2 Government Code, § 26826

FL-301

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT:

CASE NUMBER:

7. PROOF OF SERVICE BY MAIL a. I am at least age 18, not a party to this action, and am a resident or employed in the county where the mailing took place. My residence or business address is:

b. I served copies of the following documents by enclosing them in a sealed envelope with postage fully prepaid, depositing them in the United States mail as follows: (1) Papers served: (a) Notice of Motion and a completed Application for Order and Supporting Declaration (form FL-310) and a blank Responsive Declaration (form FL-320) (b) Completed Income and Expense Declaration (form FL-150) and a blank Income and Expense Declaration (c) (d) (e) Completed Financial Statement (Simplified) (form FL-155) and a blank Financial Statement (Simplified) Completed Property Declaration (form FL-160) and a blank Property Declaration Points and authorities

(f) Other (specify):

(2) Manner of service: (a) Date of deposit: (b) Place of deposit (city and state): (c) Addressed as follows:

c. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF DECLARANT)

Request for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (Form MC-410). (Civil Code, § 54.8.)

FL-301 [Rev. January 1, 2007]

NOTICE OF MOTION

Page 2 of 2

FL-310

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT:

CASE NUMBER:

APPLICATION FOR ORDER AND SUPPORTING DECLARATION

--THIS IS NOT AN ORDER-- Petitioner 1. Respondent Claimant requests the following orders:

CHILD CUSTODY a. Child's name and age

To be ordered pending the hearing b. Legal custody to (name of person who c. Physical custody to (name of makes decisions about health, education, etc.) person with whom child will live.)

d.

Modify existing order (1) filed on (date): (2) ordering (specify): As requested in form CHILD VISITATION a. As requested in: b. (1) FL-311 FL-312 FL-341(C) FL-341(D) FL-341(E)

e. 2.

To be ordered pending the hearing Attachment 2a (2) Form FL-311 (3) Other (specify):

Modify existing order (1) filed on (date): (2) ordering (specify): One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one.) The orders are from the following court or courts (specify county and state): (1) (2) Criminal: County/state: Case No. (if known): Family: County/state: Case No. (if known): (3) (4) Juvenile: County/state: Case No. (if known): Other: County/state: Case No. (if known):

c.

3.

CHILD SUPPORT (An earnings assignment order may be issued.) a. Child's name and age b. Monthly amount requested (if not by guideline) $

c.

Modify existing order (1) filed on (date): (2) ordering (specify):

4.

SPOUSAL OR PARTNER SUPPORT (An earnings assignment order may be issued.) a. b. Amount requested (monthly): $ Terminate existing order (1) filed on (date): (2) ordering (specify): c. Modify existing order (1) filed on (date): (2) ordering (specify):

NOTE: To obtain domestic violence restraining orders, you must use the forms Request for Order (Domestic Violence Prevention) (form DV-100), Temporary Restraining Order (Domestic Violence Prevention) (form DV-110), and Notice of Court Hearing (Domestic Violence Prevention) (form DV-109).

Form Adopted for Mandatory Use Judicial Council of California FL-310 [Rev. July 1, 2011]

APPLICATION FOR ORDER AND SUPPORTING DECLARATION

Page 1 of 2 Family Code, §§ 2045, 2107, 6224, 6226, 6320­6326, 6380­6383

FL-310

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT:

CASE NUMBER:

5. 6.

ATTORNEY FEES AND COSTS a.

Fees: $

b.

Costs: $

To be ordered pending the hearing PROPERTY RESTRAINT petitioner respondent claimant is restrained from transferring, encumbering, hypothecating, a. The concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life. The applicant will be notified at least five business days before any proposed extraordinary expenditures, and an accounting of such will be made to the court. b. Both parties are restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties or their minor children. c. Neither party may incur any debts or liabilities for which the other may be held responsible, other than in the ordinary course of business or for the necessities of life. PROPERTY CONTROL a. To be ordered pending the hearing

7.

is given the exclusive temporary use, possession, and control of the following respondent The petitioner property that we own or are buying (specify):

b.

is ordered to make the following payments on liens and encumbrances coming respondent The petitioner due while the order is in effect: Amount of payment Pay to Debt

8.

OTHER RELIEF (specify):

9.

I request that time for service of the Order to Show Cause and accompanying papers be shortened so that these documents may be served no less than (specify number): days before the time set for the hearing. I need to have the order shortening time because of the facts specified in item 10 or the attached declaration. FACTS IN SUPPORT of relief requested and change of circumstances for any modification are (specify): x Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose).

10. x

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME) FL-310 [Rev. July 1, 2011] (SIGNATURE OF APPLICANT) Page 2 of 2

APPLICATION FOR ORDER AND SUPPORTING DECLARATION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

ATTACHMENT PAGE CASE NAME: CASE NUMBER

- 1

SUPERIOR COURT OF STANISLAUS COUNTY

www.stanct.org (209) 530-3100 Street Address: 1100 I Street Modesto, CA 95353 Mailing Address: P.O. Box 1098 Modesto, CA 95353

Self Help Center: 800 11th Street Room #220 Modesto, CA 95353 (PROVIDING ASSISTANCE TO PARTIES REPRESENTING THEMSELVES)

The following forms need to be served on the other party BLANK.

STOP

Response to Notice of Motion

All documents must be typed or printed legibly per Rules of Court 2.104, in blue or black ink. This packet includes the necessary forms to respond to a Notice of Motion. Judicial Council forms, local forms, and information are available in the Clerk's Office, the Stanislaus County Law Library located at 1101 13th Street, Modesto, CA and on the following websites: Stanislaus County Superior Court: www.stanct.org Stanislaus County ­ Local Forms: www.stanct.org/Forms.aspx?id=3 Judicial Council's Self Help: www.courts.ca.gov/selfhelp.htm Judicial Council Forms: www.courts.ca.gov/formsrules.htm Stanislaus County Law Library: www.stanislauslawlibrary.org Free Interactive Electronic Forms Program: www.icandocs.org/ca/california.html California's Free Website for Legal Help: www.lawhelpcalifornia.org Law Libraries, Websites, or Self-Help Legal Books: www.courts.ca.gov/1091.htm

REQUIRED FORMS:

· · FL-320 ­ Responsive Declaration to Order to Show Cause or Notice of Motion FL-335 ­ Proof of Service by Mail

NOTES:

If you are responding to orders regarding economic issues (example: child support or spousal support), you MUST file either an Income and Expense Declaration (FL­150) or a Financial Statement (FL-155). These forms are available on the Judicial Council's website at: www.courts.ca.gov/formsrules.htm, at the clerk's office or at the Self Help Center. The Income and Expense Declaration can be typed directly from the website and the calculations will be computed for you. Revised 6/13/11

The other party must be served with copies of all documents except for confidential documents (example: fee waiver). The person who serves the other party with the forms must complete, date and sign the Proof of Service by Mail. Parties are encouraged to review and comply with Local Rules regarding Family Law proceedings. Local Rules can be located on the following Superior Court website: www.stanct.org.

Material distributed by the Superior Court Clerk's Office or Self Help Center IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Such material is NOT LEGAL ADVICE and is not intended to be legal advice as to your specific case. IT IS NOT INTENDED TO TAKE THE PLACE OF LEGAL ADVICE FROM AN ATTORNEY. You are strongly urged to seek the advice of a licensed attorney before starting or completing your case in order to protect valuable legal rights that you may have, of which you may be unaware of. Please contact an attorney of your choice or contact the LAWYERS REFERRAL SERVICE of the Stanislaus County Bar Association at: (209) 571-5727 for a referral. The Clerk's Office cannot give you legal advice.

Revised 6/13/11

NOTICE TO ALL PARTIES OF FAMILY LAW TENTATIVE RULINGS

1. 2. THIS NOTICE MUST BE SERVED ON THE OTHER PARTY ALONG WITH THE NOTICE OF MOTION. THE COURT WILL ISSUE A TENTATIVE RULING ANNOUNCEMENT ON THE COURT DAY PRIOR TO THE SCHEDULED HEARING ON THE FOLLOWING TYPES OF MOTIONS:

· · Motion to Compel Discovery Motion to Withdraw as Attorney of Record/Counsel Motion for Alternate Valuation Date Motion to Set Aside Default/Judgment Motion for Reconsideration of Order Motion for Bifurcation of Marital Status/Economics Issues Motion for Joinder of Parties · · · · · · ·

· · · · ·

Motion to Amend Pleadings Motion for Change of Venue Motion for New Trial Motion to Enforce Judgment Motion to Award or Divide Omitted Assets or Debts Motion to Modify Judgment Any Motion specifically determined at Judge's discretion

3. · · · · 4.

RULINGS WILL BE POSTED IN THE FOLLOWING LOCATIONS BY 1:30 PM ON THE COURT DAY PRIOR TO THE HEARING: INTERNET: THE TENTATIVE RULING ANNOUNCEMENT WILL BE POSTED ON THE COURT'S WEBSITE AT THE FOLLOWING LINK: www.stanct.org. TELEPHONE: TENTATIVE RULINGS ARE NOT AVAILABLE ON A TELEPHONIC RECORDING. CLERK'S OFFICE LOBBY: CHECK THE POSTING IN THE CLERK'S OFFICE LOBBY. COURTROOM DOORS: CHECK THE POSTING ON THE OUTER DOOR OF THE ASSIGNED COURTROOM (DEPARTMENT 13 OR 14 OR 25). IF THE TENTATIVE RULING IN YOUR CASE IS SATISFACTORY, YOU DO NOT NEED TO APPEAR at the scheduled hearing time, THE RULING BECOMES FINAL, and the prevailing party prepares the order. IF YOU ARE NOT SATISFIED with the Tentative Ruling and wish to appear and argue the matter, YOU MUST NOTIFY the Clerk's office and opposing counsel of your intent BEFORE 4:00 p.m. ON THE COURT DAY PRIOR TO THE SCHEDULED HEARING DATE to request an actual hearing. IF YOU WISH TO REQUEST A HEARING, PLEASE CALL THE FAMILY LAW CALENDAR LINE AT 530-3107 to speak directly with a clerk. IF YOU ARE NOTIFIED BY THE OTHER PARTY THAT THEY HAVE REQUESTED A HEARING, YOU MUST APPEAR AT THE SCHEDULED HEARING TIME.

5.

6. 7.

Revised 6/13/11

FL-320

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

YOUR NAME YOUR ADDRESS CITY, STATE, ZIP CODE

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional):

***NOTICE*** You may ONLY respond & address only those items requested by the other party. If you are seeking additional orders you will need to file your own motion.

If you are representing yourself indicate the following: "IN PRO PER"

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS: MAILING ADDRESS:

CITY AND ZIP CODE: BRANCH NAME:

COURT'S PHYSICAL ADDRESS HERE COURT'S MAILING ADDRESS HERE COURT'S CITY, STATE, and ZIP CODE HERE

COUNTY NAME HERE

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT:

Complete the PETITIONER'S & RESPONDENT'S names as it appears on the motion you received.

OTHER PARENT:

RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE OR NOTICE OF MOTION

HEARING DATE: TIME: DEPARTMENT OR ROOM:

CASE NUMBER:

Your Case Number HERE

1.

CHILD CUSTODY a. I consent to the order requested. b. I do notyou do NOTto theto the orders requestedbut the motion, CHECK BOX "B". order: If consent agree order requested, on I consent to the following

You may indicate the reasons HERE or complete a declaration & attach.

If you agree to the orders requested on the motion, CHECK BOX "A".

2.

CHILD VISITATION If you agree to the orders requested on the motion, CHECK BOX "A". a. I consent to the order requested. b. I do not consent to the order requested, but I consent to the following order:

If you do NOT agree to the orders requested on the motion, CHECK BOX "B". You may indicate the reasons HERE or complete a declaration & attach.

3.

CHILD SUPPORT a. I consent to the order requested. If you agree to the orders requested on the motion, CHECK BOX "A". b. I consent to guideline support. c. I do not consent to the order requested, but I consent to the following order: (1) Guideline Other (specify): (2)

If you do NOT agree to the orders requested on the motion, CHECK BOX "B or C". You MUST complete a INCOME & EXPENSE DECLARATION (FORM FL-150) if the motion addressed matters of support.

4.

SPOUSAL OR PARTNER SUPPORT a. I consent to the order requested. b. I do not consent to the order requested. c. I consent to the following order:

If you agree to the orders requested on the motion, CHECK BOX "A".

If you do NOT agree to the orders requested on the motion, CHECK BOX "B or C". You MUST complete a INCOME & EXPENSE DECLARATION (FORM FL-150) if the motion addressed matters of support.

5.

ATTORNEY FEES AND COSTS If you agree to the orders requested on the motion, CHECK BOX "A". a. I consent to the order requested. b. I do not consent to the order requested. c. I consent to you do NOT agree to the orders requested on the motion, CHECK BOX "B or C". You MUST complete a INCOME & EXPENSE If the following order:

DECLARATION (FORM FL-150) if the motion addressed matters of support.

Page 1 of 2 www.courts.ca.gov

Form Adopted for Mandatory Use Judicial Council of California FL-320 [Rev. July 1, 2011]

RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE OR NOTICE OF MOTION

FL-320

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT:

Complete the PETITIONER'S & RESPONDENT'S names as it appears on the motion you received.

CASE NUMBER:

Your Case Number HERE

6.

PROPERTY RESTRAINT a. I consent to the order requested. b. I do not consent to the order requested. c. I consent to the following order:

If you agree to the orders requested on the motion, CHECK BOX "A".

If you do NOT agree to the orders requested on the motion, CHECK BOX "B or C".

7.

PROPERTY CONTROL a. I consent to the order requested. b. I do not consent to the order requested. c. I consent to the following order:

If you agree to the orders requested on the motion, CHECK BOX "A".

If you do NOT agree to the orders requested on the motion, CHECK BOX "B or C".

8.

OTHER RELIEF I consent to the order requested. a. b. I do not consent to the order requested. c. I consent to the following order:

If you agree to the orders requested on the motion, CHECK BOX "A".

If you do NOT agree to the orders requested on the motion, CHECK BOX "B or C".

9.

SUPPORTING INFORMATION Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose).

Here is where you tell the court why or why not you agree or disagree with the orders requested by the other party.

NOTE: To respond to domestic violence restraining orders requested in the Request for Order (Domestic Violence Prevention) DATE HERE (form DV-100), you must use the Answer to Temporary Restraining Order (Domestic Violence Prevention) (form DV-120).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

PRINT YOUR NAME

(TYPE OR PRINT NAME) FL-320 [Rev. July 1, 2011]

SIGN HERE

(SIGNATURE OF DECLARANT) Page 2 of 2

RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE OR NOTICE OF MOTION

FL-320

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

IN PRO PER

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

STANISLAUS 1100 I Street PO Box 1098 Modesto, CA 95353-1098

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT:

RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE OR NOTICE OF MOTION

HEARING DATE: TIME: DEPARTMENT OR ROOM:

CASE NUMBER:

1.

CHILD CUSTODY a. I consent to the order requested. b. I do not consent to the order requested, but I consent to the following order:

2.

CHILD VISITATION a. I consent to the order requested. b. I do not consent to the order requested, but I consent to the following order:

3.

CHILD SUPPORT a. I consent to the order requested. I consent to guideline support. b. c. I do not consent to the order requested, but I consent to the following order: Guideline (1) (2) Other (specify):

4.

SPOUSAL OR PARTNER SUPPORT a. I consent to the order requested. I do not consent to the order requested. b. c. I consent to the following order:

5.

ATTORNEY FEES AND COSTS a. I consent to the order requested. I do not consent to the order requested. b. c. I consent to the following order:

Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California FL-320 [Rev. July 1, 2011]

RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE OR NOTICE OF MOTION

FL-320

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT:

CASE NUMBER:

6.

PROPERTY RESTRAINT a. I consent to the order requested. b. I do not consent to the order requested. I consent to the following order: c.

7.

PROPERTY CONTROL a. I consent to the order requested. b. I do not consent to the order requested. c. I consent to the following order:

8.

OTHER RELIEF a. I consent to the order requested. b. I do not consent to the order requested. I consent to the following order: c.

9.

SUPPORTING INFORMATION Contained in the attached declaration. (You may use Attached Declaration (form MC-031) for this purpose).

NOTE: To respond to domestic violence restraining orders requested in the Request for Order (Domestic Violence Prevention) (form DV-100), you must use the Answer to Temporary Restraining Order (Domestic Violence Prevention) (form DV-120). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME) FL-320 [Rev. July 1, 2011]

(SIGNATURE OF DECLARANT) Page 2 of 2

RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE OR NOTICE OF MOTION

FL-335

ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, §§ 17400, 17406) (Name, state bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: ATTORNEY FOR (Name):

FAX NO.:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

STANISLAUS 1100 I Street PO Box 1098 Modesto, CA 95353-1098

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT:

PROOF OF SERVICE BY MAIL

CASE NUMBER:

NOTICE: To serve temporary restraining orders you must use personal service (see form FL-330). 1. I am at least 18 years of age, not a party to this action, and I am a resident of or employed in the county where the mailing took place. 2. My residence or business address is:

3. I served a copy of the following documents (specify):

Responsive Declaration to Notice of Motion

by enclosing them in an envelope AND a. depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. placing the envelope for collection and mailing on the date and at the place shown in item 4 following our ordinary b. business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 4. The envelope was addressed and mailed as follows: a. Name of person served: b. Address: c. Date mailed: d. Place of mailing (city and state): 5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME) Form Approved for Optional Use Judicial Council of California FL-335 [Rev. January 1, 2003] (SIGNATURE OF PERSON COMPLETING THIS FORM) Page 1 of 2

PROOF OF SERVICE BY MAIL

Code of Civil Procedure, §§ 1013, 1013a

INFORMATION SHEET FOR PROOF OF SERVICE BY MAIL

Use these instructions to complete the Proof of Service by Mail (form FL-335). A person at least 18 years of age or older must serve the documents. There are two ways to serve documents: (1) personal delivery and (2) by mail. See the Proof of Personal Service (form FL-330) if the documents are being personally served. The person who serves the documents must complete a proof of service form for the documents being served. You cannot serve documents if you are a party to the action. INSTRUCTIONS FOR THE PERSON WHO SERVES THE DOCUMENTS (TYPE OR PRINT IN BLACK INK) You must complete a proof of service for each package of documents you serve. For example, if you serve the Respondent and the Other Parent, you must complete two proofs of service, one for the Respondent and one for the Other Parent. Complete the top section of the proof of service forms as follows: First box, left side: In this box print the name, address, and phone number of the person for whom you are serving the documents. Second box, left side: Print the name of the county in which the legal action is filed and the court's address in this box. Use the same address for the court that is on the documents you are serving. Third box, left side: Print the names of the Petitioner/Plaintiff, Respondent/Defendant, and Other Parent in this box. Use the same names listed on the documents you are serving. First box, top of form, right side: Leave this box blank for the court's use. Second box, right side: Print the case number in this box. This number is also stated on the documents you are serving. You cannot serve a temporary restraining order by mail. You must serve those documents by personal service. 1. You are stating that you are at least 18 years old and that you are not a party to this action. You are also stating that you either live in or are employed in the county where the mailing took place. 2. Print your home or business address. 3. List the name of each document that you mailed (the exact names are listed on the bottoms of the forms). a. Check this box if you put the documents in the regular U.S. mail. b. Check this box if you put the documents in the mail at your place of employment. 4. a. Print the name you put on the envelope containing the documents. b. Print the address you put on the envelope containing the documents. c. Write in the date that you put the envelope containing the documents in the mail. d. Write in the city and state you were in when you mailed the envelope containing the documents. 5. You are stating under penalty of perjury that the information you have provided is true and correct. Print your name, fill in the date, and sign the form. If you need additional assistance with this form, contact the Family Law Facilitator in your county.

FL-335 [Rev. January 1, 2003]

PROOF OF SERVICE BY MAIL

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