Bifurcate and Terminate Marital Status
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO UNIFIED FAMILY COURT
ALLAN KONCE, Petitioner VS. GABIA PAKSTYS KONCE, Respondent)))))))))))) Case Number: FDI-25-801047 Hearing Date: July 14, 2026 Hearing Time: 9:00 AM Department: 404 Presiding: AI MORI
REQUEST FOR ORDER: TEMPORARY EMERGENCY ORDER, BIFURCATE AND ENTER STATUS JUDGMENT AND ALLOW EXTENDED DEPOSITION FOR LA PROPERTY MANAGER ADEL RAPHAEL TENTATIVE RULING Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the Court makes the following findings and orders: A. Procedural History 1) The parties in this matter are Petitioner Allan Konce (Husband) and Respondent Gabia Konce (Wife). The parties married on 7/30/2010. Husband stated “TBD” for the date of separation in his Petition filed 3/4/2025, although elsewhere in his pleadings he states that the duration of marriage was 13 years.
Wife never filed a Response to Husband’s Petition for Dissolution (which was personally served on Wife on 3/8/2025). Husband is represented by attorney Nancy Lofdahl. 2) On 5/27/2026, Husband filed an ex parte Request for Order asking the Court to bifurcate and terminate the parties’ marital status and “allow extended deposition for LA property manager Adel Raphael” which Husband states “may go as long as 35 hours total.” 3) The Temporary Emergency (Ex Parte) Orders filed 5/27/2026 included a finding that “the Request has been served,” set Husband’s request to bifurcate and terminate marital status for hearing on 7/30/2026, and granted Husband’s request to depose Adel Raphael, albeit for a total of
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 16 hours with the possibility for a long period at a later time for good cause shown. The Court also ordered Wife to file a response on or before 7/17/2026. 4) On 7/1/2026, Husband filed another ex parte Request for Order asking the Court to terminate marital status immediately. Husband states he is a licensed medical doctor with insight into his own health issues and he is “gravely concerned” that he may not survive until 7/30/2026. 5) On 7/1/2026, the Court issued Temporary Emergency (Ex Parte) Orders advancing the 7/30/2026 hearing to 7/14/2026.
The Court ordered Husband to fie and serve a declaration providing good cause why the Court should not apply the protections set forth in Family Code section 2337(c)(1)- (6). The Court ordered Wife to file and serve any response by email and mail by 7/10/2026. 6) The Court also required that service of Husband’s 7/1/2026 Request for Order be served by email to washingtonproposalassociates.com (the email address the Court has on file for Wife) and by overnight mail to 2526 El Camino Real #208 Redwood City, CA 94061 on or before 7/2/2026. 7) On 7/7/2026, Husband filed a Supplemental Declaration wherein he agrees to be bound by the protections set forth in Family Code section 2337(c)(1), but he does not agree to be bound by any other protection set forth in Family Code section 2337 because neither party has any pension, retirement, or tax deferred accounts; Husband has been on Medicare for 20 years and Wife is not on any health insurance plan through him; and he is not aware of any existing rights related to probate homestead, probate family allowance, retirement survivor benefits, beneficiarydesignation rights, or other nonprobate transfer rights that would be adversely affected by entry of a status-only judgment. 8) On 7/7/2026, Husband’s attorney Nancy Lofdahl filed a declaration.
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Ms. Lofdahl states that on 7/6/2026 she emailed the following documents to Wife’s address of record (washingtonproposalassociates@gmailcom) as well as another email address Wife has used in the past (gabiakonce@gmail.com): FL-305 (Temporary Emergency (Ex Parte) Orders) filed 7/1/2026; FL-300 (Request for Order) filed 7/1/2026; FL-300 (Request for Order) filed 5/27/2026; FL-305 (Temporary Emergency (Ex Parte) Orders) filed 5/27/2026; SF Court Tentative Ruling Instructions; SF Court Remote Appearance Instructions; blank FL-320 (Responsive Declaration); and Supplemental Declaration Re Family Code 2337 In Support of Request for Bifurcation and Entry of Status Judgment.
Ms. Lofdahl also states that on 7/6/2026,
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 she personally delivered the papers to 2526 El Camino Real #208, Redwood City, CA 94061 (which is a Budget Inn Motel). Ms. Lofdahl states Husband has been paying for Wife to stay at that motel after the real property in Atherton was sold. Ms. Lofdahl states the woman at the front desk advised that Wife was not there and she placed the documents “with other documents for Respondent to pick up.” 9) On 7/10/2026, Wife filed a motion for continuance.
Wife states she did not receive service of Husband’s May 2026 request to bifurcate and terminate marital status until 7/6/2026 when Husband’s attorney emailed her the documents. Wife also states that she has retained Direct Legal to obtain the complete case file. Wife requests a continuance so she can be “properly given the opportunity to review served files in their entirety and respond to the Court.” 10) On 7/10/2026, Wife filed a Declaration in Opposition to Husband’s Request. Wife states that she opposes the information provided in Husband’s Supplemental Declaration filed (7/7/2026) and states she is entitled to protections under Family Code section 2337(c)(1-16) (the Court assumes this is a typographical errors as Family Code section 2337(c) does not contain 16 subsections).
Wife states Husband’s health “remains good based on credible sources at his place of employment.” Wife reiterates her request to continue the hearing on Husband’s request to August 2026 so that she can “provide the Court a detailed response.” 11) Per the Proof of Electronic Service filed 7/10/2026, Wife emailed her pleading to Husband’s attorney on 7/10/2026. B. Findings and Order 1) Wife’s motion for a continuance is denied. 2) The Court hereby grants Husband’s request to bifurcate and terminate marital status.
The parties’ marital status is dissolved and the parties are returned to their single status effective 7/14/2026. 3) As set forth in the attached Bifurcation of Status of Marriage or Domestic Partnership (FL-347), the protections of Family Code section 2337(c)(1) and (3)-(6) shall apply against Husband until judgment is entered on all remaining issues. 4) The parties are reminded that despite the termination of their marital status, the Standard Family Law Restraining Orders set forth in the Summons continue to apply to both parties per Family Code section 233(a).
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 5) The Court’s jurisdiction to adjudicate all remaining issues in this dissolution matter is reserved under Family Code section 2337(f). 6) The Court will prepare the Findings and Order After Hearing as well as a Judgment terminating marital status.
PETITIONER: RESPONDENT: ATTACHMENT TO The court grants the request of petitioner JUDGMENT (FL-180) respondent Date marital or domestic partnership status ends (s pecify): THE COURT FINDS dissolution of the status of the marriage or domest ic partnership apart from other issues.
1. CASE NUMBER: BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP 2. THE COURT ORDERS 3. a. (1) (2) FINDINGS AND ORDER AFTER HEARING (FL-340) to bifurcate and grant a separate trial on the issu e of the (3) b. Name of plan: Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissol ution unless joinder is precluded or made unnecessary by applicable law. Type of order attached 3a(1) 3a(2) 3a(3) FL-347 A final domestic relations order or qualified domesti c relations order under Family Code section 2610 di sposing of each party's interest in retirement plan benefits, inclu ding survivor and death benefits.
An interim order preserving the nonemployee party's right to retirement plan benefits, including survi vor and death benefits, pending entry of judgment on all remaining issues. A provisional order on Pension Benefits—Attachment to Judgment (form FL-348) incorporated as an attachment to the judgment of dissolution of the status of marriage o r domestic partnership (Judgment (Family Law) (form FL-180)). This order provisionally awards to each party a one-half interest in all retirement benefits attributable t o employment during the marriage or domestic partnership.
A preliminary declaration of disclosure with a compl eted schedule of assets and debts and income and ex pense declaration has been served on the nonmoving party, or the parties have stipulated in writing to defer service of the preliminary declaration of disclosure until a later time. To preserve the claims of each party in all retirem ent plan benefits on entry of judgment granting a d issolution of the status of the marriage or domestic partnership, the court mak es one of the following orders for each retirement plan in which either party is a participant: See attachment 3b for additional plans. c.
The moving party must promptly serve on the retir ement or pension plan administrator a copy of any o rder entered under items a and b above and a copy of the judgment granting di ssolution of the status of the marriage or domestic partnership (form FL-180). Jurisdiction is reserved for later determination of all other pending issues in this case. 4.
5. The court makes the following additional orders a s conditions for granting the severance on the issu e of dissolution of the status of marriage or domestic partnership. In the case of th e moving party's death, the order continues to be b inding on that moving party's estate and will be enforceable against any asset, i ncluding the proceeds thereof, to the same extent t hat these obligations would have been enforceable before the person's death. Division of propertya. The petitioner respondent must indemnify and hold the other party harmless from any taxes, reassessments, interest, and penalties payable by the other party in connection with the division of the
community estate that would not have been payable i f the parties were still married or domestic partne rs at the time the division was made. Form Adopted for Mandatory Use BIFURCATION OF STATUS OF MARRIAGE Family Code, §§ 2337, 2610; Judicial Council of California Probate Code, §§ 160 et seq., 5000 et seq. FL-347 [January 1, 2018] www.courts.ca.govOR DOMESTIC PARTNERSHIP - ATTACHMENT (Family Law) /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn ALLAN KONCE FDI-25-801047 GABIA PAKSTYS KONCE X X 7/14/2026 X X X X X X Konce v. Konce
FL-347 BIFURCATION OF STATUS OF MARRIAGEFL-347 [Rev. January 1, 2018] OR DOMESTIC PARTNERSHIP - ATTACHMENT (Family Law) Health insurance5. b. Until judgment has been entered on all remaining is sues and has become final, the must maintain all existing health and medical insur ance coverage for the other party, and that party m ust also maintain any minor children as named dependents, as long as that party is eligible to do so. If at any time during this period the petitioner respondent petitioner respondent is not eligible to maintain tha t coverage, that party must, at his or her sole exp ense, provide and maintain health and medical insurance c overage that is comparable to the existing health a nd medical insurance coverage to the extent it is available. petitioner respondent is responsible for paying the h ealth and medical If that coverage is not available, the care for the other party and the minor children to the extent that care would have been covered by the existing insurance coverage but for the dissolution of marital status or domestic partnership, and will otherwise indemni fy and hold the other party harmless from any adverse consequences resulting fr om the loss or reduction of the existing coverage. "Health and medical insurance coverage" includes any coverage under any group or individual health or other medical plan, fund, policy, or program. c.
Probate homestead Until judgment has been entered on all remaining is sues and has become final, the must indemnify and hold the other party harmless fr om any adverse consequences to the other party if t he bifurcation results in a termination of the other party's right to a probat e homestead in the residence in which the other par ty resides at the time the severance is granted. petitioner respondent d. petitioner respondent Until judgment has been entered on all remaining iss ues and has become final, the must indemnify and hold the other party harmless fr om any adverse consequences to the other party if t he bifurcation results in the loss of the rights of the other party to a prob ate family allowance as the surviving spouse or sur viving domestic partner.
Probate family allowance e. Retirement benefits Except for any retirement plan, fund, or arrangemen t identified in any order issued and attached as se t out in paragraph 3, until judgment has been entered on all remaining issues a nd has become final, the indemnify and hold the other party harmless from an y adverse consequences to the other party if the bi furcation results in the loss of the other party's rights with respect to an y retirement, survivor, or deferred compensation be nefits under any plan, fund, or arrangement, or to any elections or options asso ciated with them, to the extent that the other part y would have been entitled to those benefits or elections as the spouse or sur viving spouse or the domestic partner or surviving domestic partner of the moving party.
Social security benefitsf. The moving party must indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in the loss of rights to social security benefits or e lections to the extent the other party would have b een entitled to those benefits or elections as the surviving spouse or surviving d omestic partner of the moving party. Beneficiary designation - Nonprobate transferg. Attachment 5(g), Order Re: Beneficiary Designation for Nonprobate Transfer Assets, will remain in effe ct for each covered asset until the division of any community interest therein has been completed.
Individual Retirement Accountsh. Attachment 5(h), Order Re: Division of IRA Under In ternal Revenue Code Section 408(d)(6), has been iss ued to preserve the ability of the IRA owner. petitioner respondent must petitioner respondent to defer distribution of his or her community interest on the death of
PETITIONER: RESPONDENT: CASE NUMBER: /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn /boxshadowdwn ALLAN KONCE FDI-25-801047 GABIA PAKSTYS KONCE X X X X X X X Konce v. Konce
FL-347 FL-347 [Rev. January 1, 2018] (Family Law) BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP - ATTACHMENT
Enforcement of community property rights5. i. Good cause exists to make additional orders as set out in Family Code section 2337(c)(9). See Attachme nt 5(i). Other conditions that are just and equitablej. Other: 6. Number of pages attached: WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in ad dition to this form for the status of the marriage or domestic partnership to be ended. PETITIONER: RESPONDENT: CASE NUMBER: /boxshadowdwn /boxshadowdwn ALLAN KONCE FDI-25-801047 GABIA PAKSTYS KONCE Konce v. Konce