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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
COUNTY OFFICIAL COURT
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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
COUNTY OFFICIAL COURT REPORTERS--------1
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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 oth 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
COUNTY OFFICIAL COURT REPORTERS--------2
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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?
COUNTY OFFICIAL COURT REPORTERS--------3
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THE COURT: Madam Clerk is looking in the system
now to get you a date. Thank you.
(Whereupon, proceedings concluded.)
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

Tara Murany CSR No. 12892
COUNTY OFFICIAL COURT