Natividad Aragon v. Juan E Heredia

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

5) 6 NATIVIDAD ARAGON,) Case Number: FDI-08-766990) 7 Petitioner) Hearing Date: April 16, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 JUAN E HEREDIA,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER: REFUND 13 TENTATIVE RULING 14 The parties are ordered to appear. Petitioner shall be prepared to explain to the Court how 15 she would like to receive the check, whether she will be picking it up from the courthouse or 16 whether she would like the check mailed to the Stockon address listed on her Request for Order. 17 The parties may appear in person in Dept. 403 or remotely by Zoom video. If a party chooses to 18 appear by video, that party must abide by the Notice and Instructions for Remote Appearances in 19 San Francisco Family Court set forth above. 20 At the hearing, the Court also intends to adopt the following findings and orders. 21

22 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 23 Court makes the following findings and orders: 24 A. Procedural History 25 1) The parties are Petitioner Natividad Aragon (Mother) and Respondent Juan Heredia (Father). 26 2) On for hearing is Mother’s Request for Order filed 8/21/2025 asking the Court to refund Mother 27 $10,000 she paid in September 2011 to post bond to guarantee she would comply with Court 28 orders permitting Father’s visitation with the children while she lived in Argentina, plus interest. 29 See Order After Ex-Parte Hearing filed 9/20/2011. Mother states, “$10,000 were left with the San

1 Francisco Superior Court in an interest-bearing account in lieu of posting a bond.” Mother asserts 2 that she and the children now live in the United States. Mother attached a “Request for Refund” 3 form and “Payee Data Record for Interest” form. 4 3) At the prior 11/4/2025 hearing, the Court continued the matter to Thursday, 1/22/2026 for lack of 5 service and ordered Mother to have the following documents served on Father by the deadlines 6 specified on the Code of Civil Procedure: 7 a. Request for Order filed 8/21/2025 8 b. Blank Responsive Declaration (FL-320) 9 c.

Tentative Ruling

Instructions 10 d. Findings and Order After Hearing for the 11/4/2025 hearing date 11 4) On 1/2/2026 and 1/13/2026, Mother filed Proofs of Service indicating that personal service of the 12 documents set forth above was effectuated on 1/1/2026. 13 5) Father did not file a Responsive Declaration. 14 6) At the prior 1/22/2026 hearing, the Court ordered as follows: 15 a. The Court finds Mother’s 8/21/2025 Request for Order was not served at least 16 Court 16 days prior to the 1/22/2026 hearing date as required by Code of Civil Procedure section 17 1005(b). 18 b.

The Court therefore finds good cause to continue Mother’s 8/21/2025 Request for Order 19 to 4/16/2026 at 9 AM in Dept. 403, at which time proper service will be effectuated. 20 c. At least 10 calendar days prior to the next hearing date, Father may file and serve a 21 Responsive Declaration. 22 d. At least 5 Court days prior to the next hearing date, Mother may file and serve a Reply 23 Declaration. 24 7) On 3/19/2026, Father filed a Responsive Declaration in agreement with Mother’s request. Father 25 states he consents to the Court refunding Mother the $10,000 bond paid to guarantee compliance 26 with the Court order requiring her to permit Father to visit the children while she lived in 27 Argentina, plus interest. 28

1 B. Findings and Order 2 1) Mother’s unopposed request for refund of the $10,000 she paid to post bond, plus interest is 3 GRANTED. 4 2) The Court will issue Mother a check for $10,000 plus all interest that accrued (i.e., the total 5 balance of the interest-bearing account). 6 3) The Court will prepare the Findings and Order After Hearing. 7

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