Belia Ramos’ attorney was in court Friday to request a change of venue in the Napa County supervisor’s attempt to secure a permanent restraining order against her friend-turned-antagonist Debra Dommen, who is vice president for government and industry affairs at Treasury Wine Estates. But the matter remains unresolved for now.
After weighing comments from both sides, Napa County Superior Court Judge Cynthia P. Smith moved a hearing that had been set for Monday to Aug. 8, agreeing with Ramos’ contention the court venue should be determined before any substantive arguments begin.
The temporary restraining order will remain in effect until then.
That order is an attempt by Ramos to curtail circulation of legal documents from a family law case relating to her ex-husband and minor children — and to stop Dommen, whom Ramos describes as a former friend, from posting what the supervisor characterized as aggressive messages relating to the case on social media.
Ramos and her team have argued that the child welfare documents should have been sealed in the first place, and are inappropriate for a public forum. Dommen and Block insist the material was part of the public record, and therefore was fair game.
Friday, Smith asked the supervisor’s lawyer, Fairfield-based Stephen Montagna, and the attorney for Dommen, Napa-based Kevin Block, to file arguments on two related points — where the restraining order request should be decided, and whether the case schedule should be expedited — by the end of July.
The two sides will next meet Aug. 7, a hearing that will focus on venue. If the case isn’t moved outside of Napa County at that time, they’ll be back the next day to set the date for another hearing — the one that marks the beginning of substantive testimony.
Montagna signaled that he will seek to introduce a “significant” amount of evidence before that testimony opens.
Ramos’ request for change of venue was filed Thursday.
“As a result of my position within the county (Supervisor), all but one judicial officer who serve on the entire Napa County bench has recused themselves from hearing my family law matters,” she wrote in that application. “In both my family law action and this civil harassment matter, there have been multiple judicial officers who have recused themselves.”
The application goes on to note that Smith was previously recused on a peremptory challenge in the family law case. (Parties to a court case have the right to disqualify a judge, without offering a reason, if they believe they can’t get a fair hearing.) Judge Francisca P. Tisher, Ramos argued, “has special facts and knowledge” regarding the order to make the family documents confidential.
“As such,” the request argued, “the only judge available (unless there is a disqualification) is Judge (Joseph J.) Solga, who would have no oversight in terms of other judicial officers in Napa County, including the overall Presiding Judge.”
Solga is currently taking time off.
Ramos also argues that she has received “disparate treatment” in the Napa County court system, noting that one of her previous motions was never set for hearing, while a similar request by Dommen was set immediately, after Block had contacted the courts directly.
Block, the attorney for Dommen, declined to elaborate on why the plaintiff’s argument for a change of venue is insufficient, noting that he has until July 26 to file a formal response. He was much more vocal on the merits of the restraining order, and the fact that it remains active until the matter is adjudicated.
“It’s unbelievably frustrating this can happen in the United States of America,” Block told The Press Democrat. “When this (temporary restraining) order was issued, Debra didn’t even know what was happening until the order was signed. We never had the opportunity to put our side of the story forward. It should be vacated immediately.
“Debra has suffered a tremendous hit to her reputation. There’s no need at all for a restraining order.”
You can reach Phil Barber at 707-521-5263 or phil.barber@pressdemocrat.com. On X (Twitter) @Skinny_Post.
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