This case was last updated from San Bernardino County Superior Courts on 06/07/2018 at 14:08:30 (UTC).

DARRYL ELLIOTT SR -N- MONICA ELLIOTT

Case Summary

On 05/04/2011 DARRYL ELLIOTT SR -N- MONICA ELLIOTT was filed as a Family - Marriage Dissolution/Divorce lawsuit. This case was filed in San Bernardino County Superior Courts, Joshua Tree District Courthouse located in San Bernardino, California. The case status is Disposed - Judgment Entered.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ********0313

  • Filing Date:

    05/04/2011

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Family - Marriage Dissolution/Divorce

  • Court:

    San Bernardino County Superior Courts

  • Courthouse:

    Joshua Tree District Courthouse

  • County, State:

    San Bernardino, California

 

Party Details

Petitioner

DARRYL D ELLIOTT SR

Respondent

MONICA L ELLIOT

Other

THE VANGUARD GROUP

Court Documents

Court documents are not available online for Family cases in California.

 

Docket Entries

  • 09/12/2016
  • PARTY MONICA L ELLIOT UPDATED: RESPONDENTS ADDRESS (LISTED ON DOCUMENTS)

    Read MoreRead Less
  • 09/12/2016
  • NOTICE IMAGED

    Read MoreRead Less
  • 09/12/2016
  • CORRESPONDENCE COVERSHEET GENERATED TO MAIL COPY OF RULING ON SUBMITTED MATTER (09-09-16) TO COUNSEL OF RECORD

    Read MoreRead Less
  • 09/09/2016
  • RULING ON SUBMITTED MATTER; Disposition: Pre-D Complete; Minutes; DONNA CONNALLY, COMMISSIONER; CLERK: KIMBERLEY HANNA; COURT RULES AS FOLLOWS ON SUBMITTED MATTER:; PROCEDURAL HISTORY:; MARCH 7, 2012. DISSOLUTION AND JUDGMENT WAS ENTERED. MOST ISSUES BETWEEN THE PARTIES HAD; BEEN SETTLED BY STIPULATION, INCLUDING AN AGREEMENT THAT PETITIONER (MR. ELLIOTT) WAS TO; PAY MONTHLY SPOUSAL SUPPORT TO RESPONDENT (MS. ELLIOTT) IN THE AMOUNT OF $2,000.; AT THAT TIME, THE COURT RESERVED JUDGMENT ON ALL UNRESOLVED ISSUES. THE ONLY SUCH ISSUE; SPECIFIED IN THE JUDGMENT WAS THE (STIPULATED) COMMUNITY PROPERTY ASSET IDENTIFIED (IN PART) AS; THE REAL PROPERTY/RESIDENCE LOCATED AT 71501 SUNFLOWER DRIVE, TWENTY-NINE PALMS, AND CA; 92277. NOTE: RESPONDENTS TRIAL BRIEF, FILED FEBRUARY 7, 2012, INDICATES MORTGAGE PAYMENTS ON; THE PROPERTY HAD STOPPED BY THAT TIME (02/07/2012), AND THE PROPERTY WAS IN; FORECLOSURE.; APRIL 6, 2016. PETITIONER FILED A REQUEST FOR ORDER (RFO) ASKING THAT THE SPOUSAL SUPPORT; ORDER BE TERMINATED. PETITIONER ARGUED THAT MULTIPLE CIRCUMSTANCES HAD CHANGED: (1) HE HAD; BEEN LAID OFF FROM WORK "INDEFINITELY;" (2) HE HAD REMARRIED AND HAD BOTH A WIFE AND; 10-YEAR-OLD STEP-DAUGHTER TO SUPPORT; AND (3) HE HAD REASON TO BELIEVE RESPONDENT WAS MAKING; CONSIDERABLY MORE MONEY THAN SHE HAD BEEN AT THE TIME OF THE JUDGMENT FOUR YEARS EARLIER.; JUNE 30, 2016. THE PARTIES APPEARED IN PRO PER FOR A MANDATORY SETTLEMENT CONFERENCE (MSC).; THE PARTIES INDICATED SOME DOCUMENTS STILL HAD TO BE EXCHANGED AND/OR FILED WITH THE COURT.; THE MSC WAS CONTINUED TO JULY 28, 2016, WITH HOPES OF THE PARTIES REACHING AN AGREEMENT. THE; PARTIES WERE GIVEN UNTIL JULY 15, 2016, TO SERVE AND FILE ANY DOCUMENTS, WITNESS NAMES, ETC.,; THEY INTENDED TO PRESENT AT ANY UPCOMING EVIDENTIARY HEARING.; JULY 28, 2016. THE PARTIES APPEARED AND DISCUSSED ON THE RECORD THAT THEY DID NOT WANT; TO HAVE AN EVIDENTIARY HEARING. ULTIMATELY, THEY JOINTLY REQUESTED THAT THE COURT CONSIDER; THEIR RESPECTIVE POSITIONS AND RENDER A DECISION ON THE ISSUE OF TERMINATING SPOUSAL SUPPORT.; AFTER EXPLANATIONS AND ADMONITIONS BY THE COURT, THE PARTIES UNDERSTOOD THE COURTS DECISION WOULD; BE BASED ONLY ON THOSE ITEMS ALREADY TIMELY FILED AND DEEMED ADMISSIBLE EVIDENCE. THERE WOULD BE; NO FURTHER INPUT FROM THE PARTIES. THEY AGREED AND THE CASE WAS SUBMITTED TO THE COURT FOR; DECISION ON JULY 28, 2016.; DECISION:; PETITIONER REQUESTS A POST-JUDGMENT MODIFICATION OF SPOUSAL SUPPORT. THE CURRENT ORDER, PER THE; STIPULATED JUDGMENT IS $2,000 PER MONTH PAID TO RESPONDENT.; THE COURT FINDS THERE IS NO LANGUAGE IN THE JUDGMENT THAT UNEQUIVOCALLY STATES THAT SPOUSAL; SUPPORT CANNOT BE MODIFIED, AND FURTHER FINDS THE COURT RESERVED JURISDICTION ON UNRESOLVED; MATTERS. THUS, THIS COURT CAN, AS A MATTER OF LAW, CONSIDER MODIFICATION AND/OR TERMINATION OF; THE SPOUSAL SUPPORT ORDER. (FAM. CODE SECS. 3591 AND 4336, AND RELATED CASES); THIS IS A MARRIAGE OF LONG DURATION (25 YEARS). AS SUCH, THE COURT IS BOUND TO CONSIDER "CHANGED; CIRCUMSTANCES" IN THIS DECISION. THE COURT HAS GIVEN DUE CONSIDERATION TO ALL EVIDENCE; PRESENTED BY THE PARTIES, AND FURTHER EXAMINES (AS PRESCRIBED BY LAW) THE FACTORS LISTED IN; FAM. CODE SEC. 4320.; THE COURT FINDS THE FOLLOWING:; 1. THE COMBINED INCOME OF THE PARTIES DURING; MARRIAGE YIELDED A LIFESTYLE THAT WAS "UPPER MIDDLE CLASS." PETITIONER HAD A WELL-PAYING JOB; THAT ALLOWED HIM TO BE THE PRIMARY SUPPORT FOR THE FAMILY. RESPONDENT CONTRIBUTED INCOME FROM; HER WORK AS A COSMETOLOGIST. MONEY WAS AVAILABLE FOR RECREATION AND SOME TRAVEL, AND PETITIONER; WAS ABLE TO BUILD A GOOD PENSION.; 2. POST-DISSOLUTION, THE PARTIES HAVE, FOR THE MOST; PART, BEEN ABLE TO MAINTAIN A SIMILAR STYLE OF LIVING. PETITIONER REMAINED AT HIS WELL-PAYING; JOB UNTIL APRIL 2016, AND WAS SUPPLEMENTING RESPONDENTS INCOME WITH $2,000 IN SPOUSAL; SUPPORT EACH MONTH.; 3. RESPONDENT HAS UNDERSTATED HER INCOME BY; APPROXIMATELY $250-$300 PER MONTH. HER PAY STUBS WERE USED IN THIS CALCULATION.; FURTHERMORE, SHE STATES SHE HAS NO OCCUPATIONAL OR VOCATIONAL LICENSES. THAT MAY BE TRUE.; STILL, SHE HAS PREVIOUSLY HAD A COSMETOLOGY LICENSE AND COULD BRING HER SKILLS UP TO DATE; AND GET RE-LICENSED IN KENTUCKY. IN ADDITION, SHE IS WORKING FOR WALMART AND MAY HAVE; ADVANCEMENT OPPORTUNITIES IN THAT COMPANY. RESPONDENT WAS EMPLOYED DURING MUCH OF THE; MARRIAGE. SHE COULD CHOOSE TO WORK FULL-TIME (SHE REPORTS WORKING 30 HOURS PER WEEK), EVEN IF; THAT MEANS TAKING SOME TIME RIGHT AWAY TO ACQUIRE HER COSMETOLOGY LICENSE, AS NOTED ABOVE.; 4. PETITIONERS CIRCUMSTANCES HAVE CHANGED IN; SEVERAL WAYS: HE HAS BEEN DIAGNOSED WITH CANCER; HE HAS REMARRIED, HAVING A WIFE AND; STEP-DAUGHTER TO SUPPORT (THOUGH HIS WIFE DOES CONTRIBUTE INCOME TO THE HOUSEHOLD); AND HE LOST; HIS JOB IN APRIL. HE HAS MADE MODERATE EFFORTS TO FIND NEW EMPLOYMENT, HAVING APPLIED FOR; 30-PLUS POSITIONS IN THE PAST FOUR MONTHS.; 5. OF THE TWO PARTIES, PETITIONER IS THE PERSON WHO,; DUE TO RECENT CIRCUMSTANCES, HAS FALLEN FARTHER BELOW THE MARITAL STANDARD OF LIVING. IT IS; UNCLEAR IF PETITIONERS MEDICAL CONDITION HAS HAMPERED HIS JOB SEARCH. INDICATIONS ARE HE CAN; STILL FIND EMPLOYMENT. HE APPEARS OPEN TO LOOKING AT POSITIONS OUTSIDE THIS IMMEDIATE; GEOGRAPHICAL AREA. HE MAY NEED TO BROADEN HIS SCOPE AND, IF APPLICABLE, LOWER HIS SIGHTS A BIT; TO SECURE A POSITION.; 6. RESPONDENTS MONTHLY INTAKE IS A COMBINATION OF; WAGES, THE PAYMENT SHE GETS FROM PETITIONERS PENSION, AND THE SPOUSAL SUPPORT PAYMENT SHE; RECEIVES. THE SPOUSAL SUPPORT PAYMENT REPRESENTS HALF OF THE RESULTING $4,000 SHE BRINGS IN. THIS; IS NOT CONSIDERED A GREAT DEVIATION FROM WHAT SHE WAS USED TO DURING MARRIAGE, AND IS MORE THAN; PETITIONER GROSSES AT THIS TIME. AFTER A REVIEW OF RESPONDENTS INCOME & EXPENSE DECLARATION; FROM JULY 22, 2011, INCLUDING HER ACCOMPANYING RECORDS OF INCOME RECEIVED, THE COURTS; COMPUTATIONS SHOW HER MONTHLY WAGES THEN ARE ALMOST IDENTICAL TO THOSE REPORTED IN APRIL 2016; - BETWEEN $1,460 AND $1,490. TODAY, SHE RESIDES IN KENTUCKY, WHERE THE COST OF LIVING, IN; GENERAL, IS CONSIDERABLY LESS THAN IN CALIFORNIA.; 7. THERE IS NO REPORTED HISTORY OF DOMESTIC VIOLENCE; TO CONSIDER, AND NO INFORMATION AS TO HOW ONE PARTY MAY HAVE CONTRIBUTED TO THE ATTAINMENT OF; THE OTHERS EDUCATION, TRAINING, OR CAREER POSITION.; THE COURTS ORDER IS AS FOLLOWS: CHANGED CIRCUMSTANCES DO EXIST, AND WHEN THAT FACT IS; COUPLED WITH FULL CONSIDERATION OF THE 4320 FACTORS A MODIFICATION OF SPOUSAL SUPPORT IS; WARRANTED. PETITIONERS SPOUSAL SUPPORT PAYMENT NOW SET AT $2,000 PER MONTH IS REDUCED TO $1,400; PER MONTH, EFFECTIVE DECEMBER 1, 2016. THIS AMOUNT IS PAYABLE IN TWO PAYMENTS, ONE-HALF ON; THE 1ST AND ONE-HALF ON THE 15TH OF EACH MONTH.; FURTHERMORE, AS OF MAY 1, 2017, THE SPOUSAL SUPPORT PAYMENT WILL BE STEPPED DOWN TO; $1,000 PER MONTH. AGAIN, THE AMOUNT IS PAYABLE IN TWO PAYMENTS PER MONTH, ONE-HALF; ON THE 1ST AND ONE-HALF ON THE 15TH OF EACH MONTH.; THE COURT RETAINS JURISDICTION OVER THIS AND ANY OTHER UNRESOLVED ISSUE(S).; NOTICE GIVEN BY JUDICIAL ASSISTANT; ACTION - COMPLETE

    Read MoreRead Less
  • 07/28/2016
  • HEARING RE: TRIAL READINESS/MSC; Disposition: Under Submission; Minutes; DONNA CONNALLY, COMMISSIONER; CLERK: KARIANNE BROWN; COURT REPORTER SUE DALTON; BAILIFF: R HAZELL; APPEARANCES:; PETITIONER DARRYL D ELLIOTT SR PRESENT; MONICA L ELLIOT APPEARS BY COURTCALL.; PROCEEDINGS:; REQUEST FOR ORDER HELD.; WITNESS -- DARRYL ELLIOTT, SR. IS SWORN AND EXAMINED.; WITNESS -- MONICA ELLIOT IS SWORN AND EXAMINED.; RESPONDENT REQUESTS TO SUBMIT THE MATTER BASED ON THE DOCUMENTS PROVIDED AND HAVE COURT MAKE A; DECISION WITHOUT A TRIAL.; PETITIONER REQUESTS NO TRIAL AND FOR COURT TO MAKE A DECISION BASED ON THE DOCUMENTS AND; PLEADINGS.; MATTER TAKEN UNDER SUBMISSION.; (AS TO SPOUSAL SUPPORT); NOTICE OF COURTS DECISION WILL BE MAILED TO ALL PARTIES.; ACTION - COMPLETE

    Read MoreRead Less
  • 07/19/2016
  • DECLARATION OF DARRYL ELLIOTT SR FILED

    Read MoreRead Less
  • 07/19/2016
  • PROOF OF SERVICE OF DECL OF DARRYL ELLIOTT SR BY MAIL ON 07/18/16 AS TO OFFICE SUPPLIES INC, FILED.

    Read MoreRead Less
  • 07/14/2016
  • PROOF OF SERVICE OF EMPLOYMENT SUBMISSIONS BY MAIL ON 07/12/16 AS TO MONICA ELLIOTT, FILED.

    Read MoreRead Less
  • 07/14/2016
  • DECLARATION OF EMPLOYMENT SUBMISSIONS FILED

    Read MoreRead Less
  • 06/30/2016
  • HEARING RE: TRIAL READINESS/MSC; Disposition: Pre-D Complete; Minutes; DONNA CONNALLY, COMMISSIONER; CLERK: KIMBERLEY HANNA; COURT REPORTER AZIZA AHMED 8440; BAILIFF: R HAZELL; PETITIONER DARRYL D ELLIOTT SR PRESENT; MONICA L ELLIOT APPEARS BY COURTCALL.; PROCEEDINGS:; OSC/MOTION HELD.; WITNESS -- DARRYL ELLIOTT SR. IS SWORN AND EXAMINED.; WITNESS -- MONICA ELLIOTT IS SWORN AND EXAMINED.; COURT AND PARTIES CONFER OFF THE RECORD; COURT ORDERS BOTH PARTIES TO SUBMIT THE; FOLLOWING DOCUMENTATION TO THE COURT ON OR; BEFORE 07-15-16: PETITIONER - LIST OF PLACES; HE HAS APPLIED FOR EMPLOYMENT; RESPONDENT -; PROOF OF HARDSHIP-INFORMATION ON WHY SHE NEEDS; SPOUSAL SUPPORT; PARTIES STIPULATE THE EXCHANGE OF THE ABOVE; DOCUMENTS MAY BE BY MAIL.; ANY DOCUMENTS FILED AFTER 07-15-16 SHALL NOT; BE CONSIDERED BY THE COURT.; COURT IS IN RECEIPT OF INCOME AND EXPENSE; DECLARATION FOR BOTH PARTIES.; HEARINGS:; CURRENT HEARING CONTINUED TO 07/28/16 AT 09:00 IN DEPARTMENT M4.; NOTICE WAIVED.; RESPONDENT MAY APPEAR BY COURT CALL; ACTION - COMPLETE

    Read MoreRead Less
101 More Docket Entries
  • 06/24/2011
  • RESPONSE TO DISSOLUTION OF MARRIAGE NO CHILDREN FILED 05/04/2011 OF DARRYL ELLIOTT BY MONICA L ELLIOT FILED. REPRESENTED BY LAW OFFICES OF J ALAN PLOTT, APC.

    Read MoreRead Less
  • 06/08/2011
  • FILING FEE PAID BY DARRYL D ELLIOTT SR FOR FIRST PAPER FEE; Minutes; Receipt: 110608-4327 $395.00

    Read MoreRead Less
  • 06/08/2011
  • PROOF OF SERVICE OF SUMMONS AND COMP/PET ON MONICA L ELLIOT; DEFENDANT/RESPONDENT SERVED ON 05/25/11

    Read MoreRead Less
  • 05/05/2011
  • ORDER ON COURT FEE WAIVER DENIED FILED.

    Read MoreRead Less
  • 05/05/2011
  • REQUEST FOR WAIVER OF FEES AND COSTS OF DARRYL D ELLIOTT SR IS DENIED.; Disposition: DENIED

    Read MoreRead Less
  • 05/04/2011
  • FAMILY LAW SUMMONS ISSUED - ORIGINAL FILED IN COURT FILE.

    Read MoreRead Less
  • 05/04/2011
  • REQUEST FOR WAIVER OF COURT FEES & COSTS FILED BY DARRYL D ELLIOTT SR.

    Read MoreRead Less
  • 05/04/2011
  • CERTIFICATE OF ASSIGNMENT RECEIVED.

    Read MoreRead Less
  • 05/04/2011
  • CASE ASSIGNED FOR ALL PURPOSES TO DEPARTMENT M3

    Read MoreRead Less
  • 05/04/2011
  • FAMILY LAW CASE INITIATED AND PARTY INFORMATION ENTERED.

    Read MoreRead Less