' ’ L ' .

O FL-300
PARTY WITHOUT ATTORNEY OR ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY

NAME: LANCE S. SPIEGEL [SBN 51625]

‚zum NAME: YOUNG, SPIEGEL, HILLMAN & HOSP, LLP.
sTREETADDREss: 301 NORTH CANON DRIVE, SUITE 300 FR
m BEVERLY HILLS 3m CA ZIPCODE: 9021 o S“ _ LED
TELEPHONE NO.: (310) 887-5100 FAX NO.: (319) 887-5119 9cm“ Cou” °f Calimrniz}
ountv Of 5.11€ A npplpg
EMAILADDRESS: ' ”“

ATroRNEYFoR (name): RESPONDENT, WILL|AM BRADLEY PITT 0m 0 6 2020

SUPERIOR COURT OF CALIFORNIA, COUNTY 0F Ü ‘ ‘
STREETADDRESS:111 NQRTH H|LL STREET SherriKCarter ßyac„...|‚
By 1cer/Ch2rk
MAILING ADDRESS: SAME AS ABOVE
CITYAND ZIP CODE: LOS ANGELES, CA 90012 Kodi E! ‚ ‚DÜMÄY
BRANCH NAME: Zle

PETITIONER: r ‘ ‘‘ 0 '
RESPONDENT: WILL|AM BRADLEY PITT
OTHER PARENT/PARTY: EX PARTE APPLICATION
REQUEST FOR ORDER C] CHANGE C] TEMPORARY EMERGENCY ORDERS "äääißß
EI Child Custody Ü Visitation (Parenting Time) Ü Spousal or Partner Support
Ü Child Support Ü Domestic Violence Order Ü Attorney's Fees and Costs
EI Property Control m Other (specify): See Attachment 8

NOTICE OF HEARING
1. TO (name(s)):
m Petitioner Ü Respondent Ü Other Parent/Party Ü Other (specify):

2. A COURT HEARING WILL BE HELD AS FOLLOWS:

a. Date: October 6, 2020 Time: 8245 am W Dept.: 2 Ü Room:

b. Address of court m same as noted above m other (specify): via LA Court Connect
3. WARNING to the person served with the Request for Order: The coun may make the requested orders without you if you do
not le a Responsive Declaration to Request for Order (form FL-320), serve a copy on the other parties at least nine court days
before the hearing (unless the court has ordered a shoner period of time), and appear at the hearing. (See form FL-320-/NFO for
more Information.)
(Forms FL-300-INFO and DV-400-INFO provide Information about completing this form.)

COURT ORDER
(FOR COURT USE ONLY)

lt is ordered that:

4. EI Time Üfor service Ü until the hearing is shortened. Service must be on or before (date):
541-253 A Responsive Dec/aration to Request for Order (form FL—320) must be served on or before (date):
'13!‘
The parties must attend an appointment for child custody mediation or child custody recommending counseling as follows
(specify date, time, and location):
M‘
"€52"!
7WD The orders in Temporary Emergency (Ex Parte) Orders (form FL-305) apply to this proceeding and must be personally
served with aII documents led with this Request for Order. 1 ‘

8. ÄOther (specify): '_ v „ I b r V

a, IQIÄ a, 1 yüe f!‘ \

\ \ r Ü \‘ "l
x xrzrrg
‘x { ‘
Date: 1 ' jx _ ‘- H w ;
V’ m
f diciädggbf-gifl
rm 0|’

FL-300 [Rev. July 1, 2016]

an ao se
CEBjEssential
zahm", ‘fäpons-
.
REQUEST F°R °R°ER Fa äää.%s2%äää’ää'ääääaä’äääs
mi O e

cGfzvRerrumerrtccodre. 5
' ' I 'O O FL-300
PETITIONER: ‘ ‘ ‘ ‘ Ü ' CASENUMBER:
RESPONDENT: WILLIAM BRADLEY PITT BD 646 058
OTHER PARENT/PARTY:
REQUEST FOR ORDER
Note: Place a mark in front of the box that appIies to your case Or to your request. If you need more space, mark the box for
“Attachment? For example, mark “Attachment 2a" to indicate that the Iist of children's names and birth dates continues on a paper
attached to this form. Then, on a sheet of paper, Iist each attachment number followed by your request. At the top of the paper, write
your name, case number, and “FL-300" as a titIe. (You may use Attached Dec/aration (form MC-031) forthis purpose.)

1. D RESTRAINING ORDER INFORMATION

One or more domestic violence restraining/protective Orders are now in effect between (specify):
Ü Petitioner Ü Respondent Ü Other Parent/Party (Attach a copy of the Orders ifyou have one‚)
The Orders are from the following court or courts (specify county and state):
a. Ü Criminal: County/state (specify): Case N0. (if known):
b. Ü Family: County/state (specify): Case No. (if known):
c. Ü Juvenile: County/state (specify): Case No. (if known):
d. Ü Other: County/state (specify): Case No. (if known):
2. Ü CHILD CUSTODY Ü I request temporary emergency Orders
Ü VISITATION (PARENTING TIME)
a. I request that the courl make Orders about the following chi|dren (specify):
. ‚ . Ü Leal Custod to (person who Ü Phsical Custod to (person
decides; hea/th, education, etc): with whom child lives):

Ü Attachment 2a.
b. Ü The Orders I request for Ü child custody Ü visitation (parenting time) are:
(1) Ü Specied in the attached forms:
D Form FL-305 D Form FL-311 D Form FL-312 D Form FL-341C
D Form FL-341D D Form FL-341E D Other (specify):
(2) D As follows (specify): Ü Attachment 2b.

c. The Orders that I request are in the best interest of the chi|dren because (specify): Ü Attachment 2c.

III-ä‘

‚Ü?
N..„_
M:

Vs};
E}
M:
ü?)

d. Ü This is a change from the current orderfor Ü child custody Ü visitation (parenting time).
(1) Ü The Order for legal or physical custody was led on (date): . The court Ordered (specify):

(2) Ü The visitation (parenting time) Order was led On (date): . The court Ordered (specify):

D Attachment 2d.

FL-300 lRevJuIy 1. 201e} Essential REQUEST FOR ORDER Page2 of4

cebxom Blärms.
 ' ' ' I O FL-300
PETITIONER: ‘ ‘ ‘ ‘ Ü ' CASE NUMBER:
RESPONDENT: WILLIAM BRADLEY PITT BD 646 058
OTHER PARENT/PARTY:

3. E] CHILD SUPPORT
(Note: An earnings assignment may be issued. See Income Withholding for Support (form FL-195)
a. I request that the court order child support as follows:
ChiId's name and ae E] I request support for each E] Monthl amount (5) reuested
child based on the child support guideline. (if not by guideline)

Ü Attachment 3a.
b. Ü I want to change a current courI order for child support led on (date):
The court ordered child support as foIIows (specify):

c. I have compIeted and led with this Request for Order a current Income and Expense Declaration (form FL-150) or I led
a current F/nancial Statement (Simplified) (form FL-155) because I meet the requirements to le form FL-155.

d. The court should make or change the support orders because (specify): Ü Attachment 3d.

4. Ü SPOUSAL OR DOMESTIC PARTNER SUPPORT

(Note: An Earnings Assignment Order For Spousa/ or Partner Support (fonn FL-435) may be issued.)
a. Ü Amount requested (month/y): S
b. D I want the court to I: change Ü end the current support order led on (date):
The coun ordered S per month for support.
c. E] This request is to modify (change) spousal or partner support after entry of a judgment.
I have compIeted and attached Spousa/ or Partner Suppen Dec/aration Attachment (form FL-157) or a declaration
that addresses Ihe same factors covered in form FL-157.
d. I have completed and led a current Income and Expense Declaration (form FL-150) in support of my request.
e. The court should make, change, or end the support orders because (specify): Ü Attachment 4e.

‘I’
Ü PROPERTY CONTROL EI I request temporary emergency orders
Ei"; a. The E] petitioner Ü respondent D otherparent/party be given exclusivetemporary use, possession, and
R3 controI ofthe following property that we Ü own or are buying D Iease or rent (specify):
423
"M,
5J

b. The E] petitioner Ü respondent Ü otherparent/party be ordered to makethe following payments on debts

and Iiens coming due while the order is in effect:

Pay to: {j For: j Amount: S j Due date: j

Pay to: {j For: j Amount: S j Due date: je
Pay to: e} For: j Amount: S e Due date: je
Pay to: („j For: „j Amount: S Zu Due date: j
c. Ü This is a change from the current order for property controI led on (date):
d. Specify in Attachment 5d the reasons why the court should make or change the property control orders.

. FL-SOO (Rev. JuIy 1, 201e] REQUEST FOR ORDER Page 3 of4

‘I EssentiaI
93% sräForms
 . . FL-300
PETITIONER: ‘ ‘ ‘ ‘ Ü ' CASE NUMBER:
RESPONDENT: WILLIAM BRADLEY PITT BD 646 058
OTHER PARENT/PARTY:
6. Ü ATTORNEY'S FEES AND COSTS
I request attorneyks fees and costs, which total (specify amount): S . I led the following to support my request:
a. A current lncome and Expense Declaration (form FL-150).
b. A Request for Attorney’s Fees and Costs Attachment (form FL-319) or a declaration that addresses the factors covered
in that form.
c. A Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a declaration that addresses the
factors covered in that form.

7. Ü DOMESTIC VIOLENCE ORDER

o Do not use this form to ask for domestic violence restraining orders! Read form DV-505-INFO, How Do IAsk fora
Temporary Restraining Order, for forms and information you need to ask for domestic violence restraining orders.
o Read form DV-400-INFO, How to Change or End a Domestic Violence Restraining Order for more information.

a. The Restraining Order After Hearing (form DV-130) was led on (date):
b. I request that the court Ü change Ü end the personal conduct, stay-away, move-out orders, or oIher
protective orders made in Restraining Order After Hearing (form DV-130). (lf you want to change the orders, comp/ete 7c.)
c. Ü I request that the court make the following changes to the restraining orders (specify): Ü Attachment 7c.

d. I want the court to change or end the orders because (specify): Ü Attachment 7d.

8. [X] OTHER ORDERS REQUESTED (specify): IX] Attachment 8.

See attachment 8.

9. E] TIME FOR SERVICE / TIME UNTIL HEARING I urgently need:

a. D To serve the Request for Order no Iess than (number): court days before the hearing.
b. D The hearing date and service of the Request for Order to be sooner.
c. I need the order because (specify): Ü Attachment 9c.

10. m FACTS T0 SUPPORT the orders I request are Iisted below. The facts that I write in support and attach to this request
cannot be Ionger than 10 pages, unless the court gives me permission. Ü Attachment 10.
M, See attached Declaration of Lance S. Spiegel.
f3
riiI
M’
C33I
M46‘
I declare under penalty of perjury under the Iaws of the State of California that the info ation provided in this form d all attachments
is true and correct.

Date: October 5, 2020

)
(TYPE OR PRINT NAME) (SIGNATURE O APPLICANT)

Requests for Accommodations

Assistive Iistening systems, computer-assisted real-time captioning, or sign Ianguage Interpreter services are available if
you ask at least ve days before the proceeding. Contact the clerk's ofce or go to www.courts.ca.gov/forms for Request
forAccommodations by Persons I/I/ith Disabilities and Response (form MC-410). (Civ. Code, 5 54.8.)

FL-300 [Rev. July 1. 20151 1 Essential REQUEST FOR ORDER Page4 of4
(ebxom
 1 ATTACHMENT 8 T0 EX PARTE APPLICATION

3 8. OTHER ORDERS REQUESTED:

5 a. An order authorizing proceeding with the 15 day evidentiary hearing which

6 was scheduled to commence on October 5, 2020; or

8 b. In the alternative, an order shortening time for hearing.

d‘ 10

. 11
Jä 5x2 ä
u] „IJ-l "‘ u
12
ogzää
I! M om 8
°° 13
n. 0 9
95625
‘z’ z 5 U. 1%" 14
Dguß
245%?
€85: 15
55 16
17

18

19

20

21

22
m
N444
23
24

25

26

27

28
_ 1 -
ATTACHMENT 8 T0 EX PARTE APPLICATION
V In re Marriage of JOLIE-PITI’; LASC No: BD 646 058
w
im!’

F‘
C3
N,‘*1...
N
m
151-41
[yap

mim3t}
C2:
C11
m
c3
43'

Declaration of
Declaratior] of
Lance S.
Lance Splegel
S. Spiegel
1 .1 ' 'O O
1 DECLARATION OF LANCE S. SPIEGEL

3 I, LANCE S. SPIEGEL, hereby declare as follows:

5 1. Declarant represents Respondent in the above matter. On October 2, 2020,

6 Judge Riff denied without prejudice Respondent’s ex parte application for authorization to

7 proceed with the evidentiary hearing scheduled for October 5, 2020. This declaration is

8 submitted in response to the Court’s comment that the previous ex parte application

9 failed to make a showing of irreparable harm, immediate danger or other statutory basis

ä 10 for granting relief with shortened notice to the other party.

. M
g‘ 12 2. The subject matter of the evidentiary hearing is exclusively Iimited to legal

ää ä ä ä 13 and physical custody of five minor children. lt is respectfully requested that the Court take

gä ä 14 judicial notice of the contents of the file, including Respondent’s RFO filed under seal

2 g ä ä i? 15 pursuant to previously issued sealing orders designed to protect the privacy rights of the

ää 16 minor children. As may be seen therefrom, the pending RFO includes allegations that

m 17 there has been a failure to comply with existing court orders involving the welfare of the

18 minor children.

19

20 3. As previously noted, the case is pending before Temporary Judge John W.

21 Ouderkirk and is scheduled for 15 days. On or about August 7, 2020, Petitioner filed a

g 22 Statement to disqualify Judge Ouderkirk. On August 18, 2020, Judge Ouderkirk filed a

E‘: 23 written verified answer denying the allegations in the Statement. lt is respectfully

24 requested that the Court take judicial notice of the contents of the file to confirm that the

25 disqualification issue has been assigned to the Honorable Erick L. Larsh.

26 ///

27 / //

28 ///

In re Marriage of JOLIE-PITT; LASC No: so 646 05s

 .l " 1 ’O O
1 4. In addition to the circumstances involved in this case, Respondent contends

2 that there is no authority for application of General Order 2020-GEN-021-O0 (“the General

3 Order”) to an evidentiary hearing that will be conducted virtuaIIy‚ outside of the public

4 courthouse, and will not expose employees‚ parties, witnesses orjudicial officers to health

5 risks . The express purpose of the General Order (“to rotect the health and well-beln of

6 Iitiants attornes Court workers "udicial officers and others who enter the courthouse
7 durin the COVID-19 andemic“) does not apply to the evidentiary hearing that is currently

8 scheduled in this case. Other than declarant being compelled to appear in Dept. 2 for this

9 ex parte application (my first appearance slnce March, 2020), there are no COVID

g 10 lmplications to consider in determining whether the evidentiary hearing should be subject

_ ä ä» 11 to the General Order. Because the General Order does not apply, lt should not be weighed

g’ 12 against the prejudice of further delay described below.

2:2: ä ä 14 5. The overriding basis for ex parte relief involves the need to address the best

9äää5 15 interests ofthe minor children and the concerns discussed in the pending RFO. Pursuant

2g 16 to Famil Code section 3023, lf custody is the sole contested issue, the case shall be

m 17 given preference over other civil cases for assigning the a trial date and scheduling of a

18 hearing. The circumstances for lrreparable harm and ex parte relief with shortened notlce

19 in this case also include the following: The parties are at risk of Iosing substantial costs

20 previously advanced in anticipation of the hearing. As required by agreements with the

21 offices of the Temporary Judge (ARC), substantial funds have been advanced to the

22 Temporary Judge, expert witnesses and court reporters by both parties in order to reserve

1 ‘ä 23 the 15 hearing dates; over 15 witnesses have been subpoenaed for trial, including

24 approximately 6 expert witnesses; and in order to complete discovery in September,

w 25 substantial expenses were incurred in expediting deposition transcripts and payments to

l 26 expert witnesses, and court reporters. Based on calendars of the Temporary Judge,

i 27 Counsel and the experts, unless the case is allowed to proceed as scheduled, the custody
28 issues will remain in indefinite Iimbo for no reason.

In re Marriage of JOLIE-PITT; LASC No: BD 646 05a

 1 6. The only impact of the pending request to disqualify Judge Ouderkirk is that

2 it will be necessary to reschedule dates that are currently being lost pending the ruling on

3 the disqualification issue. Pursuant to an email dated October, 2, 2020, Judge Ouderkirk

4 is trailing the matter on a daily basis pending receipt of a ruling. A copy of his email is

5 attached as Exhibit A.

7 7. Written and Telephonic Notice of this ex parte application was given to

8 Petitioner’s Counsel before 10:00 a.m. on October 5, 2020.

v 10 I declare under penalty of perjury of the Iaws of the state of California that the

ää 11 foregoing is true and correct and that if called upon to testify as a witness, I could and
D: ‘d g o

d" 12 would competently testify thereto.

o 0- 2 ä
äääää 13
"135 5 5 /
“z” z ä “i ä 14 Dated: October 5, 2020
gävää
gäää 15 NCE s. SPIEGEL
ää 16

17

18

19

20

21
22

23
24

25

1 26

27
28
-3-
DECLARATION OF LANCE S. SPIEGEL
1 In re Marriage of JOLIE-PITT; LASC No: BD 646 O58
3mm
_

„E,
uma-

n3
Im:
c:

E B.
EXH|B|T
XH h A
. l ‘ ‚ 0 0

Matt V. Sirrieh

From: ranchomirage1@earthlink.net
Sent: Friday, October 2, 2020 3:22 PM
To: Lance Spiegel; marjorie@arc4adr.com; ‘Samantha Bley DeJean‘; ‘Stefani Radist‘
Cc: ‘Anne C. Kiley’; Matt V. Sirriyeh; ‘John Ouderkirk‘; ‘Marjorie Luna'
Subject: RE: Jolie and Pitt

Follow Up Flag: Follow up

Flag Status: Flagged

October 2, 2020, 3:20 p.m.

Dear Counsel,

I have not received any ruling on the Disqualification issue. Has Department 2
authorized the commencement of a hearing estimated to exceed 5 days? Pending the
resolution of those issues, the hearing is ordered to trail from day to day, on the
reserved dates, starting on Tuesday, October 6, 2020.

Judge John Ouderkirk, Ret.

From: Lance Spiegel <lances@ysfamilylaw.com>

Sent: Friday, October 2, 2020 1:26 PM
To: John Ouderkirk <ranchomirage1@earthIink.net>; marjorie@arc4adr.com; Samantha Bley DeJean
<sbd@bleyandbley.com>; Stefani Radist <sr@bleyandbley.com>
Cc: ‘Anne C. Kiley‘ <AKiley@e|kinskaIt.com>; Matt V. Sirriyeh <mvs@ysfamiIyIaw.com>
Subject: Jolie and Pitt

No ruling has been issued on the disqualification request. As a result, it is not possible to start the hearing on
Monday. In the absence of contrary direction from Judge Ouderkirk , the remaining reserved dates should continue to
be held and the trial will trail on a daily basis pending the ruling.

|)'-4l

F?’
"m.
mänce Spiegel

Egotice to opposing counsel: I do not review emails during non-business hours or on a regular and frequent basis during the day. Please feel
ägee to send emails on a 24/7 basis subject to the understanding that there shaii be no inference that your email has been seen within any
proximity to its transmittal. Without Iimiting the foregoing, I am advising you that emails are not sufficient for ex parte notice. [California Code
of Civil Procedure sections 1013(e); 1010.6(a)(2)(A)(ii); California Rules of Court 2.231(b)]

This message contains information which may be confidential and privileged. Unless you are the addressee (or authorized to receive
for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. if you
have received the message in error, please advise the sender and delete the message. Thank you very much.

voume, SPIEGEL, HILLMAN s. HOSP, LLP

_ 1