ANTHONY METCALF SCHWARTZ v. GRACE MARIA SCHWARTZ

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

5) 6 ANTHONY METCALF SCHWARTZ,) Case Number: FDI-18-790180) 7 Petitioner) Hearing Date: April 30, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 GRACE MARIA SCHWARTZ,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER RE: ATTORNEY'S FEES AND COSTS, DECLARE COM. PROPERTY; 13 ENFORCE ORDERED SPOUSAL SUPPORT ORDERS, (MORE) 14 TENTATIVE RULING 15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 16 Court makes the following findings and orders: 17 A.

Procedural History 18 1) The parties are Petitioner Anthony Metcalf Schwartz and Respondent Grace Maria Schwartz. 19 2) On 2/10/26, Respondent filed a Request for Order seeking $7,500 in attorney’s fees, enforcement 20 of supposal support and “lump-sum payments” ordered by the Court, sanctions, and “a finding of 21 perjury”. The Court notes section 8(a) – 8(c) are completed on form FL-300 (Request for Order); 22 however, Respondent did not check the section 8 box, “Time for Service/ Time Until Hearing” or 23 the “Temporary Emergency Orders” box in the caption of the form.

Respondent concurrently 24 filed a declaration entitled Request for a Long-Cause Hearing, a Memorandum of Points and 25 Authorities, and a declaration entitled Declaration in Support of An Order Shortening Time. The 26 matter was set for hearing on the Court’s regular calendar on 4/30/26. 27 3) There is no Proof of Service on file indicating Respondent’s 2/10/26 Request for Order and 28 supportive pleadings were served on Petitioner. 29 4) Petitioner did not file a Responsive Declaration.

1 B. Findings and Order 2 1) The Court finds that Respondent’s 2/10/26 Request for Order was not served at least 16 Court 3 days prior to the hearing date as required by Code of Civil Procedure section 1005(b). 4 2) As such, this matter is continued to 6/16/26 at 9 AM in Dept. 403 for lack of service. 5 3) At least 16 Court days prior to the next hearing date, Respondent shall file and serve 6 on Petitioner the (a) 2/10/26 Request for Order and supportive pleadings, (b) Continuance Order 7 contained herein, and (c) Tentative Ruling Instructions using a service method authorized by the 8 Code of Civil Procedure (i.e., a person over the age of 18 shall mail to Petitioner the (a) Request 9 for Order and supportive pleadings, (b) Continuance Order, and (c) Tentative Ruling Instructions, 10 and then Respondent shall file form FL-335 (Proof of Service) with the Court confirming service 11 was effectuated). 12 4) At least 9 Court days prior to the next hearing date, Petitioner may file a Responsive Declaration. 13 5) At least 5 Court days prior to the next hearing date, Respondent may file and serve a Reply 14 Declaration. 15 6) The Court will prepare the Findings and Order After Hearing. 16

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