Sarah Macchia v. George Macchia

LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 23, 2026 8:30 AM/1:30 PM

9. SARAH MACCHIA V. GEORGE MACCHIA 22FL1202

Petitioner filed a Request for Order (RFO) on February 6, 2026 seeking spousal support. The RFO was personally served along with the Notice of Tentative Ruling on March 27th. Petitioner filed her Income and Expense Declaration on February 2nd, however there is no Proof of Service for this document therefore the court cannot consider it.

“For all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration.” Cal. Rule Ct. 5.260(1); See also Cal. Fam. Code §2100. The party requesting support shall file and serve their Income and Expense Declaration with the initial moving papers. El Dorado Sup. Ct. Rule 8.03.01. Here, while Petitioner did file an Income and Expense Declaration days prior to filing her RFO, because it was never served, the court cannot consider it and therefore it does not satisfy the procedural requirements as set forth in Rules of Court rule 5.260(1), Family Code § 2100, and County Rule 8.03.01. Accordingly, the RFO is denied due to failure to serve the required documents.

TENTATIVE RULING #9: THE RFO IS DENIED DUE TO FAILURE TO SERVE THE REQUIRED INCOME AND EXPENSE DECLARATION.

NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY PHONE CALL TO THE COURT AT (530) 621-6725 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999). NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY PHONE CALL OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07.