SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNIFIED FAMILY COURT
ERNESTO DIAZ,
Petitioner
VS.
COURTNEY LEIGH FANNING,
Respondent
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Case Number: FDI-18-790234
Hearing Date: February 13, 2020
Hearing Time: 9:00 AM
Department: 403
Presiding: SHARON M. REARDON
REQUEST FOR ORDER RE: ENTRY OF JUDGMENT; REQUEST FOR ORDER FOR CHANGE OF
CHANGE OF CHILD CUSTODY, VISITATION (PARENTING TIME)
TENTATIVE RULING
A. Custody and Visitation
1) Appearances required.
B. Request for Entry of Judgment
1) The Court has not received any additional filings by Respondent. Therefore, the Court will reissue the tentative ruling made for the January 28, 2020 hearing.
2) The Court makes the following findings:
a. On 8/5/2019, both parties appeared (with Respondent appearing by phone) for a hearing during which the Court ordered Respondent to complete 3 months of random drug testing and to submit proof of completion to the Court by 11/11/2019 and ordered the parties to attend a review hearing on 11/12/2019.
b. Respondent failed to submit proof of completed drug testing and did not appear at the 11/12/2019 hearing.
c. On 11/15/2019, the Court filed and served on both parties an Order to Show Cause ordering Respondent to appear on 12/5/2019 to show good cause why she should not be cited for contempt for failing to appear at the 11/12/2019 hearing and submit drug testing results.
d. Respondent did not appear at the 12/5/2019 hearing on the Court’s Order to Show Cause.
e. On 11/19/2019, the Court filed and served on both parties a Notice of Time and Place of Status Conference set for 12/9/2019. This Notice contains the following warning: “The Court, in its discretion, may enter Judgment if one party fails to appear at the Status Conference. The orders contained in the Judgment may be contrary to the interests of the absent party.”
f. Respondent did not appear at the 12/9/2019 status conference.
g. On 12/18/2019, Petitioner filed and served a Request for Order, requesting that the Court terminate the parties’ marital status, enter Respondent’s default, and enter a default Judgment which he attached as Exhibit C to his Request for Order. In that same Request for Order, Petitioner states that he was a resident of the State of California for more than 6 months and was a resident of the county of San Francisco for more than 3 months, prior to filing the Petition and Summons. He further states that irreconcilable differences have arisen in the parties’ marriage and there is no hope of saving the marriage at the present time.
h. Respondent has not filed a response to Petitioner’s Request for Order.
i. The parties were married for less than 4 years.
j. The parties have been separated for over 10 years.
k. Petitioner filed a Preliminary Declaration Regarding Service of Disclosure on 9/19/2019 indicating that he served his Preliminary Declaration of Disclosure on 1/18/2019.
l. Respondent filed and served a Preliminary Declaration Regarding Service of Disclosure on 2/7/2019, indicating that she served her Preliminary Declaration of Disclosure on 2/7/2019.
3) In light of the Court’s findings above, including Respondent’s failure to abide by various Court orders, the Court hereby makes the following orders:
a. The parties’ marital status shall terminate effective 2/13/2020 (the parties are immediately returned to single status) and the Court will enter the Judgment attached as Exhibit C of Petitioner’s Request for Order, filed 12/18/2019, subject to the following change. The Court’s jurisdiction to make a final custody and visitation order is reserved. Petitioner shall submit the corrected Judgment packet along with the Notice of Entry of Judgment through the normal procedures for submitting a Judgment packet, along with a courtesy copy of this Court’s orders for final processing.
4) Petitioner’s attorney shall prepare the order.
5) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the proposed order after hearing directly to the court. Failure to submit the order after hearing within 10 days may allow the other party to prepare a proposed order and submit it to the court in accordance with CA Rules of Court, Rule 5.125(d).