Court Drama - Guilty by default!

FYI from


SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
DEPARTMENT 515
BEFORE THE HONORABLE NIKKI CLARK, COMMISSIONER
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YULIA SMYK, )
)
Petitioner, )
)
vs. ) No. HF16838942
)
ANDREI SMYK, )
)
Respondent. )
)
_____________________________________)
REPORTER'S TRANSCRIPT OF PROCEEDINGS
HAYWARD, CALIFORNIA
JANUARY 25, 2021
PURSUANT TO GOVERNMENT CODE 69954(d)
Any court, party, or person who has purchased a
transcript may, without paying a further fee to the
reporter, reproduce a copy or portion thereof as an exhibit
pursuant to court order or rule, or for internal use, but
shall not otherwise provide or sell a copy or copies to any
other party or person.
Reported by: CORAL COREY, CSR NO. 10699
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CERTIFIED COPY
A P P E A R A N C E S
For the Petitioner: DMITRIY VELIGUROV
Attorney at Law
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Monday - January 25, 2021
STIPULATION
Commissioner Nikki Clark has been appointed by the
Superior Court of California, Alameda County, to act as a
temporary judge in all matters heard in this department.
All parties and their counsel are deemed to have stipulated
to a commissioner acting as a temporary judge for this
hearing and all future hearings and trials in this case or
any related case, including contempt proceedings, post
judgment matters, unless oral or written objection is made
in open court prior to the commencement of the first
hearing.
P R O C E E D I N G S
THE COURT: Smyk versus Smyk, HF16838942.
MR. VELIGUROV: Yes, your Honor.
THE COURT: I'm going to ask Ms. Smyk to raise your
right hand, please.
PARTY SWORN
THE PETITIONER: Yes, I do.
THE COURT: Okay. Can you state your name for the
record, please.
THE PETITIONER: Yulia Smyk.
THE COURT: Thank you, ma'am. Counsel your
appearance.
MR. VELIGUROV: Dmitriy Veligurov from the Law
Office of Matthew Gonsalves appearing on behalf of
Petitioner, Yulia Smyk.
THE COURT: Okay. This matter is before the Court
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on Petitioner's request for order that was filed September
16, 2020.
There was a prior hearing in this case on December
3rd, 2020 when the Court made a finding that Respondent had
received notice for the hearing, and the Court made some
orders that Petitioner was to update her tables for unpaid
child and spousal support by January 4, 2021 and serve
Respondent with that information.
The Court then ordered Respondent to file documents
if he disagreed with any of the findings in the tables
presented to him by Petitioner.
The Court notes that Petitioner did file a status
update on December 29, 2020 laying out in detail the unpaid
child and spousal support, but the Court has not received
any dispute from Respondent as to those numbers.
Counsel, do you have any update other than the
e-mails that are contained in your update which clearly show
that there has been communication between Counsel and
Respondent on all of these issues since the December 3rd,
2020 hearing?
MR. VELIGUROV: I have no updates from him. He
hasn't really said anything other than he paid $7500 or
$7600 that was supposed to go to child support, not spousal
support, because he's alleging he doesn't owe spousal
support.
I don't know why there's a court order that says he
paid it.
THE COURT: So technically when payments are made,
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Counsel, when there are arrearages on both child and spousal
support, they always go to child support first, but that
doesn't affect your total.
You applied it to spousal support, and so that
doesn't change the overall numbers that he would then owe.
The Court notes Respondent is not present this
morning for this morning's hearing, although clearly he's
aware of it as well based on the e-mail communication;
therefore, there being no objection, the Court is going to
make the following orders.
Looking at Respondent's status update with
declaration of Petitioner filed December 29th, 2020 at Page
3, No. 15, with regard to 15(a) the Court orders Respondent
shall pay the equalizing payment for the family residence in
full in the amount of $95,000 plus any accrued interest at
the legal rate of 10 percent by February 19th, 2021.
With regard to 15(b), the Court orders that
Respondent's E-trade IRA account ending 3053 and Fidelity
IRA account ending 4454 are to be divided as of 5/11/2015.
MR. VELIGUROV: Your Honor, 2017.
THE COURT: I'm sorry, it says '17. My brain for
some reason said 2015 -- 2017, and 50 percent of any
withdrawals from these accounts since 5/11/2017 is to be
paid to Petitioner no later than 2/5/2021.
With regard to "C", the Court orders Respondent
cooperate in good faith in dividing the accounts and timely
execute any documents necessary and convenient to accomplish
this division.
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Counsel, are you going to employ Moon, Schwartz &
Madden or somebody else?
MR. VELIGUROV: That was going to be our plan is to
employ Moon, Schwartz & Madden and ask for an order to
divide the cost for it.
THE COURT: The Court is going to order that Moon,
Schwartz & Madden be appointed to draft any necessary QDROs
in this matter, and that the cost of the QDROs be split
50/50 by the parties.
However, if Respondent declines to pay his 50
percent, the Court is going to order that Petitioner front
the money to insure the QDROs get done and be reimbursed
from Respondent's share of the QDROs.
With regard to 15(d) on Page 4 of 4, the Court is
going to order -- well, the Court is going to make a finding
that Respondent owes spousal support arrears in the amount
of $27,506 as of 12/5/2020. That amount should be paid by
2/5/2021.
With reference to 15(e) on Page 4, the Court finds
that Respondent owes child support arrears in the amount of
$4,350 as of 12/5/2020. That amount is to be paid by
2/5/2021.
With regard to 15(f), Counsel can submit an issue
and withholding order for ongoing child and spousal support
amounts and for repayment of the arrears.
The Court is going to order -- well, I've given you
a fixed date for the repayment of those arrears. I don't
think that's going to be done by wage order because there
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won't be enough wages to pay it.
So the Court is going to order that if the amounts
that the Court has ordered to be paid pursuant to these
orders are not paid by the date that the Court has given,
those amounts should be withheld from Respondent's share of
the retirement accounts of the IRA's yet to be divided.
With regard to 15(g), a request for 271 sanctions,
unfortunately, Counsel, the Court has no income information
about Respondent's current liquid assets from which he might
pay this.
So I can either, depending on what your preference
is, Counsel, the options are I'll deny this or I'll continue
this matter for another, say, 90 days to insure there's
cooperation with the orders I've made today and continue
that request for 271 sanctions and order Respondent to file
an income and expense declaration.
What's your preference?
MR. VELIGUROV: Could you continue it, and then
worse case scenario we'll dismiss it if we haven't heard
from him.
THE COURT: All right. Madam clerk, can I have a
date on a Monday in 90 days?
THE CLERK: I'm looking. Just one second.
THE COURT: Thank you.
THE CLERK: April 26th.
THE COURT: Does that work, Counsel?
MR. VELIGUROV: One second. I believe so. Let me
just -- yes, April 26th works.
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THE COURT: The Court continues the request for
order filed 9/16/2020 by Petitioner to April 26, 2021 at
8:30 a.m. in Department 515 via Bluejeans.
Counsel is to give the respondent notice of that
continued hearing date along with a copy of the findings and
order after hearing once they're entered by the court.
The purpose of that review hearing is to check on
the status of compliance by Respondent and consider awarding
271 sanctions as requested by Petitioner.
Respondent is ordered to file an income and expense
declaration no later than April 1st, 2021.
MR. VELIGUROV: Thank you, your Honor.
THE COURT: All right. If you could draft the
finding and order after hearing as soon as possible so that
you can send a copy to Respondent.
MR. VELIGUROV: Will do. Thank you.
THE COURT: Thank you. Thank you, ma'am.
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COURT REPORTER'S CERTIFICATE
I, CORAL COREY, CSR No. 10699, do hereby certify that
I am a Certified Shorthand Reporter of the Superior Court in
and for the County of Alameda, State of California, and that
as such I reported the proceedings had in the foregoing
matter at the time and place set forth herein;
That my stenographic notes of said proceedings were
transcribed into typewriting by me and that the foregoing
pages constitute a full, true and correct transcription of
said notes taken at the aforementioned time and place to the
best of my ability.
IN WITNESS WHEREOF, I have hereunto subscribed my name
this Tuesday, April 20th, 2021.
____________________________
CORAL COREY
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