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THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SACRAMENTO

---ooo---

In re the Marriage of:

DAVID M. FERRIS,

Petitioner,

VS CASE NO. 98FL05615

SUSAN C. FERRIS, ORIGINAL Respondent.

---ooo---

REPORTER'S TRANSCRIPT OF EX PARTE PROCEEDINGS

Held in the Superior Court, in and for the County of Sacramento, Department 121, on Wednesday, April 4, 2012;

Before the HONORABLE MATTHEW J. GARY, Judge

For the Petitioner:

For the Respondent:

Reported By:

---ooo---

APPEARANCES

TIMOTHY ZEFF Attorney at Law 2609 Capitol Avenue Sacramento, California

LAW OFFICE OF ALLAN R. FRUMKIN Attorney at Law 5996 Horseshoe Bar Road Loomis, California 95650 BY: STEVE GIMBLIN,

Attorney at Law

Tara Murany, CSR No. 12892

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SACRAMENTO, CALIFORNIA

APRIL 4, 2012

3 ---ooo---

4 Proceedings in the Marriage of Ferris, Case

5 No.98FL05615, came on regularly this day before the Honorable

6 MATTHEW J. GARY, Judge of the Superior Court of California,

7 for the County of Sacramento, Department 121, thereof.

8 The Petitioner, DAVID M. FERRIS, was represented by

9 TIMOTHY ZEFF, Attorney at Law.

10 The Respondent, SUSAN C. FERRIS, was represented by

11 STEVE GIMBLIN, Attorney at Law.

12 The following proceedings were then had, to wit:

13 ---ooo---

14 THE COURT: Okay. On the ex parte, on Ferris and

15 Ferris, I'm summarily denying the request for any relief.

16 I'll go ahead and set it for hearing. But the existing

17 custody order is that Mr. Ferris has sole legal, sole

18 physical custody of the child with no contact to mom, and he

19 can send the child to Utah. He can send the child to

20 New York. He can send the child to Asia. It's his sole

21 discretion. So I'll go head and put it on for hearing, but I

22 can't -- I'm not going the address this on an ex parte.

23 MR. ZEFF: Can I ask there's one problem with

24 the moving papers, and that is my address is incorrectly

25 reported in there on one of the documents.

26 THE COURT: Okay.

27 MR. ZEFF: I brought it to the attention of

28 Mr. Frumpkin, but I see it wasn't changed on the -- it's in

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the demographics. My address is 2609 Capitol Avenue. They

got me at 2509. I'm just afraid stuff won't get sent to me. THE COURT: Okay. We'll note it.

I'm sorry, I didn't realize we have a record. Both

parties are present. Good morning to both. And --

MR. GIMBLIN: Good morning, Your Honor.

Steve Gimblin withAl Frumkin's office

THE COURT: Good morning.

MR. GIMBLIN: for the Respondent. So you're not

entertaining any argument today?

THE COURT: No, it's an e x parte. The only reason

I mentioned it is while b o th side s were here, I would just go ahead and give you an idea of why I'm summarily denying it,

but I won't entertain argument on it. There's an existing--

her complaint is that the child has been shipped to Utah to a

school. Whether it's true or not is not the issue. Even if

it is true, the existing custody order is tha t he has sole

legal, sole physical custody, and he can do that.

MR. GIMBLIN: Your Honor, it's not really coming

from the mother's perspective, although she is here today.

It's really looking out for the child. The request also

seeks counsel for the child.

THE COURT: Counsel, I'll put all o f that on for a

noticed hearing. I won't do that on an ex parte is the

point. We're going to give you a date, hearing date on it,

and that will probably -- probably be good for you because

you'll be able to review the file. You may be able to review

some transcripts, and you may be able to come up to speed on

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what you're actually into.

MR. GIMBLIN: I was aware of the no contact order.

I just think that it is an emergency given the shocking nature

THE COURT: Yeah, I don't.

MR. GIMBLIN: -- of the transfer.

THE COURT: I don't. And unfortunately between you

and I, it's my judgment that controls. I do not see the emergency on it given what we've gone through, given the

history of the file.

So I'll put you on. I'll give you a noticed

12 hearing, and you'll be able to come on back, and we'll take

13 argument on the case, on the motion.

14 MR. GIMBLIN: You're going to set the date by

15 minute order, Your Honor?

16 THE COURT: No. You'll actually get it on your OSC

17 today, and then you'll be able to serve the other side, and

18 we'll have you come on back. And hopefully I'll have the

19 moving papers and the replies or responsive dec, and I'll go

20 ahead and consider the thing anew.

21 MR. GIMBLIN: Is there any way we can get it on a

22 shortened notice period?

23 THE COURT: There is, but I wouldn't grant it. I

24 didn't grant an OST on this either. We'll go ahead and set

25 it for a regular noticed hearing.

26 MR. GIMBLIN: Thank you, Your Honor.

27 THE COURT: Thank you all.

28 MR. ZEFF: Do we get to pick a date now?

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THE COURT: Madam Clerk is looking in the system

now to get you a date. Thank you.

(Whereupon, proceedings concluded.)

~---------SACRAMENTO COUNTY OFFICIAL COURT REPORTERS---------4

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CERTIFICATE OF SHORTHAND REPORTER

---oOo---

3 I, Tara Murany, a Certified Shorthand Reporter of

4 the State of California, do hereby certify that I am a

5 disinterested person herein; that I reported the foregoing

6 hearing in shorthand writing to the best of my ability; that

7 I thereafter caused my shorthand writing to be transcribed

8 into typewriting.

9 I further certify that I am not of counsel or

10 attorney for any of the parties to said hearing, or in any

11 way interested in the outcome of said hearing.

12 IN WITNESS WHEREOF, I have hereunto set my hand

13 this 5th day of April, 2012.

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CAUSE: The Marriage of Ferris

COURT: Sacramento County Court

JUDGE: Matthew J. Gary

DATE: April 4, 2012

ORIGINAL

~. ffil\11AJ~'!L Tara Murany CSR No. 12892

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