Mark Rovai v. Robert V Costello

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 MARK ROVAI,) Case Number: FDI-23-797929) 7 Petitioner) Hearing Date: April 14, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ROBERT V COSTELLO,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER RE: TERMINATE STATUS OF THE PARTIES' MARRIAGE; 13 GUERNEVILLE SALE ISSUES 14 TENTATIVE RULING 15 As there is no Proof of Service on file for the 2/13/2026 Request for Order, nor is there evidence in 16 the record that Respondent was served with a copy of the Tentative Ruling Instructions, the parties 17 are ordered to appear regarding Petitioner’s request to terminate the parties’ marital status. The 18 parties may appear in person in Department 404 or remotely by Zoom video. If a party chooses to 19 appear by video, that party must abide by the Notice and Instructions for Remote Appearances in 20 San Francisco Family Court set forth above. 21

22 A. Procedural History 23 1) The parties in this matter are Petitioner Mark Rovai and Respondent Robert Costello. The parties 24 married on 9/20/2018. The parties agree their date of separation is 10/29/2022, for a marriage of 4 25 years and 1 month. The parties have no minor children. 26 2) On 2/4/2026, the parties appeared for a trial before Judge Wiley on the issue of division of 27 community property, including disposition of a residence located in Guerneville. Judge Wiley 28 took the matter under submission. Judge Wiley has not yet issued her orders following trial. 29

1 3) Now on for hearing is Petitioner’s Request for Order filed 2/13/2026. Petitioner states that Judge 2 Wiley did not terminate the parties’ marital status at the 2/6/2026 trial and he requests that the 3 Court issue a Judgment terminating the parties’ marital status either as part of Judge Wiley’s 4 orders adjudicating the issues at the 2/6/2026 trial or separately. Petitioner also asks the Court for

5 additional orders regarding the sale of real property located at 15740 Morningside Drive in 6 Guerneville, CA. 7 4) There is no Proof of Service on file showing service of Petitioner’s Request for Order filed 8 2/13/2026. 9 5) On 4/3/2026, Petitioner filed a Supplemental Declaration. Petitioner states that at the 2/6/2026 10 trial, Judge Wiley stated she was inclined to order the sale of the Guerneville property. Petitioner 11 states that on 3/30/2026, Respondent stated he would stop making mortgage payments for the 12 Guerneville property. Petitioner states he believes Respondent has also not been paying the

13 insurance. Petitioner further requests that an elisor be appointed if Respondent does not sign a 14 listing agreement and related documents for sale. 15 6) According to the Proof of Service filed 4/3/2026, Petitioner’s Supplemental Declaration was 16 emailed to Respondent on “4/3/2025.” 17 7) Respondent has not filed a Responsive Declaration. 18 B. Findings and Order 19 1) Judge Wiley will be issuing her order for the February 2026 trial within the next week or two. As 20 such, Petitioner’s requests regarding the Guerneville property are denied without prejudice.

21 2) As there is no Proof of Service on file for the 2/13/2026 Request for Order, nor is there 22 evidence in the record that Respondent was served with a copy of the Tentative Ruling 23 Instructions, the parties are ordered to appear regarding Petitioner’s request to terminate 24 the parties’ marital status. 25

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