Respondent Opposition to Motion in Limine - Fixfamilycourtnow.org

12345CAROLE D. BALDWIN, CFLS, SBN 213310BALDWIN & BALDWIN9171 Towne Centre Drive, Suite 440San Diego, CA 92122Telephone: (858) 452-2898Attorney for Respondent,MICHAEL CALDWELL67SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO8910111213In re the Marriage of: Case Number ED 047912Petitioner: GINNY L. CALDWELL RESPONDENT'S OPPOSITIONTO PETITIONER'S MOTION INandIN LIMINERespondent: MICHAEL J. CALDWELL Date: 09/04/2009Time: 9:00 a.m.Dept: 6141516171819202122232425262728Respondent, MICHAEL J. CALDWELL, by and through his attorney of record,Carole D. Baldwin, submits the following Opposition to Petitioner's Motion in Limine:Contrary to Petitioner's assertions, temporary child support is before the Courtfor the September 4, 2009 hearing. On July 30, 2009, both counsel appearedtelephonically for a Case Management Conference ("CMC"). At that time it was agreedthat due to pending discovery, the hearing on financial issues set for August 18 wouldhave to be continued. The hearing was continued to October 9 at 9:00 a.m.The Court, however, was informed that Respondent objected to continuedpayment of $1,200 a month to Petitioner for child support. Respondent had made theagreement to pay $1,200 a month anticipating that there would be a hearing onfinancial issues in August. At the CMC the Court ordered Respondent to make thepayment for August, but set a hearing for temporary child support on September 4.The hearing on financial issues has been continued repeatedly due to the delayscaused by Petitioner's failure to timely respond to Respondent's discovery requests.RESPONDENT'S OPPOSITION TO PETITIONER'S MOTION IN LIMINE1

12345678910111213141516171819202122232425262728Now that documents have been received by Petitioner, Respondent's financial expertneeds the time to review everything. Until Respondent has the preliminary report fromhis expert, he cannot set a date for deposition. It is anticipated that additionalinformation may be necessary from Petitioner in order for Respondent's financial expertto complete their evaluation. If more documents are necessary, Respondent will berequesting those documents at the time of her deposition. Once Respondent has thepreliminary report from his financial expert, a date will be set for the Petitioner'sdeposition. It is anticipated that Respondent will have this report within a week.Petitioner did propound additional discovery from Respondent in the form of a"meet and confer" letter. Many of the seventeen discovery requests, however, cover anearly two and a half year period between January 1, 2006 and June 2008, and someof the requests cover an even longer time period. It is believed that much of theinformation requested on August 5, 2009 has already been provided to Petitioner andher previous attorneys. Respondent is reviewing his records and is pulling together theinformation that is responsive to Petitioner's requests. It has not been a full monthsince the meet and confer letter was received. Respondent has not been served witha Motion to Compel, but such an action seems premature considering that Respondenthas always complied with past requests for discovery in a complete and timely manner.Respondent has not "cherry picked" any issues. The issue of temporary childsupport was set for September 4 by the Court at the CMC. It is very possible that theOctober 9 hearing will not be able to go forward, especially considering that Petitionermay request a trial, and it is unfair to expect Respondent to continue to pay child//////////////////RESPONDENT'S OPPOSITION TO PETITIONER'S MOTION IN LIMINE2

1234support to Petitioner at the current monthly rate. Two of the parties' children are now inRespondent's primary care. Respondent is only requesting a change in the temporaryorders until this matter can be fully heard.Respectfully submitted,5678910111213141516171819202122232425262728Dated: '1 // /06/alolw-6/uCAROLE D. BALDWIN, Attorney forRespondent, MICHAEL CALDWELLRESPONDENTS OPPOSITION TO PETITIONER'S MOTION IN LIMINE3